- 1 - HC-KAR NC: 2025:KHC:33239-DB MFA No. 5560 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 5560 OF 2018 (MV-I) BETWEEN: MR. M.S. BASAVALINGAPPA S/O SHIVALINGAPPA, AGED ABOUT 45 YEARS R/AT MADIHALLY VILLAGE, KASABA HOBLI, ARKALGUDU TALUK, HASSAN DISTRICT, NOW R/AT C/O SUGRIVA NARASIMHASWAMY TEMPLE STREET, KOTE, HOLENARASIPURA TOWN, HASSAN DISTRICT-573 211. …APPELLANT (BY SRI. JAYAKUMARA P.P., ADVOCATE) AND: 1. MR. LOKESH S/O ANANDA, AGED ABOUT MAJOR, D.NO.6/84 PAN KYULAY, MANGALORE-574 142. 2. THE MANAGER ROYAL SUNDARAM ALLIANZ INSURANCE CO. LTD., NO.186/07, RAGHAVENDRA COMPLEX, WILSON GARDEN, 1ST CROSS, HOSUR MAIN ROAD, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33239-DB MFA No. 5560 of 2018 BANGALORE-560 027. (POLICY NO.VGC-0171634000100 VALID FROM 27.07.2010 TO 26.07.2011). …RESPONDENTS (BY SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2013 PASSED IN MVC NO.54/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The case has been taken in the revised call. There is no representation on behalf of the appellant in the first call as well as in revised call. 2. This appeal has been filed with delay of 1917 days. It appears that the appellant is not interested in prosecuting the appeal, which is evident from the earlier order passed by this Court on 03.03.2025 for filing better affidavit in support of - 3 - HC-KAR NC: 2025:KHC:33239-DB MFA No. 5560 of 2018 the application for condonation of delay, which has not been complied with. 3. In view thereof, the appeal is dismissed for non- prosecution. 4. In view of the dismissal of the main appeal, I.A. No.1 of 2018 does not survive for consideration and accordingly, it is also dismissed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 1