- 1 - NC: 2025:KHC-D:6909-DB MFA No. 101859 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101859 OF 2023 (MV-D) BETWEEN: 1. SMT. MAHANKALAMMA @ LINGAMMA, W/O LATE K NAGAPPA, AGE. 47 YEARS, 2. SMT. K LAKSHMI, D/O LATE K NAGAPPA, W/O K CHANDRASHEKAR, AGE. 28 YEARS, 3. SMT HANUMANTHAMMA, D/O LATE K NAGAPPA, W/O LINGAPPA, AGE. 27 YEARS, 4. K SAROJA, D/O LATE K NAGAPPA, AGE. 26 YEARS, 5. K MAHESHA, S/O LATE K NAGAPPA AGE. 24 YEARS, ALL ARE R/O. D.NAGENAHALLI VILLAGE, TQ AND DIST. BALLARI-583101. …APPELLANTS (BY SRI. Y LAKSHMIKANT REDDY, ADVOCATE (ABSENT)) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6909-DB MFA No. 101859 of 2023 AND: 1. MOHAMMED BASHA T., S/O KHAJA PEERAN T, AGE. 61 YEARS, DRIVER OF THE LORRY BEARING REGN.NO.KA-34/A-319, R/O. INDIRA NAGAR, KAKARLATHOTA, BALLARI-583101. 2. PRASAD M, S/O M NARASIMHULU, AGE. 52 YEARS, OWNER OF THE LORRY BEARING REGN.NO.KA-34/A-319, R/O. D.NO.18, RAMANJINI NAGAR, NEAR T B SANITORIUM, BALLARI-583101. 3. THE BRANCH MANAGER, M/S SHRIRAM GENERAL INSURANCE, BALLARI-583101. 4. M SURENDRA @ MR. SURENDRA H, S/O H GADILINGAPPA, AGE. 27 YEARS, DRIVER OF THE LUGGAGE AUTO BEARING REGN.NO.KA-34/B-2172, R/O. D NAGENAHALLI VILLAGE, TQ. AND DIST. BALLARI-583101. 5. MR. H. GADILINGAPPA, S/O ANJINAPPA, AGE. 57 YEARS, OWNER OF THE LUGGAGE AUTO BEARING REGN.NO.KA-34/B-2172 R/O. D NAGENAHALLI VILLAGE, TQ. AND DIST. BALLARI-583101. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.04.2021 PASSED IN MVC NO.1065/2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL XII BALLARI, - 3 - NC: 2025:KHC-D:6909-DB MFA No. 101859 of 2023 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal is filed on 13.03.2023. Several opportunities have been provided to the appellants to comply the office objections. 2. By order dated 08.04.2025, two week’s time was granted to comply the office objections, failing which the matter was ordered to be listed on 23.04.2025 for ‘Dismissal’. On 23.04.2025, as the office objections were not complied with, the matter was directed to be listed on 25.04.2025 affording one more opportunity for compliance. 3. Today, when the matter is called, there is no representation for the appellant in the morning session as well as in the afternoon session. Office objections are not complied with till date in spite of providing several opportunities. It - 4 - NC: 2025:KHC-D:6909-DB MFA No. 101859 of 2023 appears that the appellant is not interested in prosecuting the appeal. 4. The appeal stands dismissed with costs of Rs.5,000/- payable to the High Court Legal Services Committee, High Court of Karnataka, Dharwad Bench, Dharwad, along with costs, if any, imposed earlier. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 2 SL NO.: 4