- 1 - HC-KAR NC: 2025:KHC:33002 MFA No. 9109 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.9109 OF 2013(MV-I) BETWEEN: SRI. VISHWANATHA M S/O THIMMAPPA POOJARY AGED ABOUT 35 YEARS R/O ANATHADI HOUSE ANANTHADI (NETTANIGE MUDNOOR) VILLAGE ANATHADI POST BANTWAL TALUK, D. K. DISTRICT, NOW R/AT MURA OF KABAKA VILLAGE, PUTTUR TALUK, D K – 574 201 …APPELLANT (BY SRI. VISHWANATHA M., ADVOCATE) AND: 1. MR IBRAHIM S/O ABDULLAH HAJEE AGED ABOUT 48 YEARS R/O HOYGEERE HOUSE KADABA, PUTTUR TALUK D. K. DISTRICT – 574 201 2. THE MANAGER, THE RELIANCE GENERAL INSURANCE COMPANY LIMITED NO.1-17-B, OPPOSITE POST OFFICE, UDUPI TALUK & DISTRICT – 576 101 …RESPONDENTS (BY SRI. ASHOK N. PATIL FOR R2, ADVOCATE; R1 SERVED AND UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33002 MFA No. 9109 of 2013 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2013 PASSED IN MVC NO.549/2012 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE, FAST TRACT COURT AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Appellant – Sri.Vishwanatha M., is absent. Learned counsel for respondent No.2 is present. 2. As the previous counsel for the appellant was elevated, Court notice was served upon the appellant, but he did not turn up. Hence, the matter is listed under the caption “Dismissal”. Even today, there is no representation on behalf of the appellant. 3. This appeal is filed by the claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 21.02.2013 passed in MVC No.549/2012, by Additional Sessions Judge, Fast Track - 3 - HC-KAR NC: 2025:KHC:33002 MFA No. 9109 of 2013 Court, Puttur, D.K., whereby, the injured claimant had claimed compensation of Rs.5,00,000/- with 16% p.a. interest. The Tribunal after considering the evidence on record, awarded compensation of Rs.89,000/- with 6% interest p.a., from the date of petition till the date of realization. 4. Aggrieved by the said order, the claimant has filed this appeal on 23.10.2013 seeking enhancement of compensation. Even afterwards, he did not evince any interest to pursue the same. The matter was listed under the caption “Dismissal” twice. Even then, he failed to evince any interest. Hence, no purpose would be served by continuing the same. 5. Accordingly, the appeal is dismissed for non prosecution. Sd/- (P SREE SUDHA) JUDGE MDS List No.: 1 Sl No.: 22