- 1 - HC-KAR NC: 2025:KHC-D:11394 MFA No. 25737 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 04TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25737 OF 2012 (MV-) BETWEEN: 1. SRI. SANJAY RUKMANNA MORE AGE: 35 YEARS, OCC: BUSINESS/GARAGE R/O. RAKASKOP, TQ & DIST. BELGAUM. …APPELLANT (BY SRI. SANJAY RUKMANNA MORE, APPELLANT (ABSENT)) AND: 1. MR. PHENDU CHANGDEO PATIL AGE: MAJOR, OCC: BUSINESS, R/O. SAMBHAJI GALLI, KHADIRWADI BELGAUM (R.C. OWNER OF THE MOTOR CYCLE NO. KA-22/S-743). 2. THE NATIONAL INSURANCE CO. LTD., AT RAMDEV GALLI, BELGAUM (INSURER OF MOTOR CYCLE NO.KA-22/S-743 POLICY NO.602600/31/03/6208431 VALID FROM 31-10-2003 TO 30-10-2004) 3. MR. PRAKASH MARUTI PATIL AGE: MAJOR, OCC: BUSINESS, R/O: YALEBAIL POST RAKASKOPP TQ & DIST. BELGAUM (R.C OWNER OF MOTOR CYCLE TVS VICTOR BEARING NO.KA-22/U-7638). 4. THE NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELGAUM (INSURER OF MOTOR CYCLE TVS VICTOR BEARING KA-22/U-7638) …RESPONDENTS (BY SRI. RAJASHEKAR S. ARANI, ADV FOR R4 SRI. S.C. BHUTI, ADV FOR R2, NOTICE TO R1 & R3 ARE SERVED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.09 12:06:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11394 MFA No. 25737 of 2012 THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.09.2010 PASSED IN MVC NO.2036/2004 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. The appeal was filed by the appellant through the counsel. 2. Learned counsel appearing for the appellant filed a memo seeking retirement. 3. The said memo was accepted vide order dated 29.08.2025 and the Office was directed to reflect the name of the appellant in the cause-list. 4. The name of the appellant is accordingly reflected in the cause list. 5. Appellant called out. - 3 - HC-KAR NC: 2025:KHC-D:11394 MFA No. 25737 of 2012 6. None appears for the appellant. 7. The appeal is of the year 2012, it is seen that the appellant is not interested in prosecuting the matter. 8. Accordingly, the appeal stands dismissed for non-prosecution. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 3