- 1 - HC-KAR NC: 2025:KHC-D:16287 MFA No. 100407 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100407 OF 2014 (MV-I) BETWEEN: SMT. KHAIRUNISA W/O. ALANGIR KHAN, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. C/O. CHANDSAB M. NARGUND, KAGADGERI ONI, GADAG. …APPELLANT (BY SRI. S.K. DESHPANDE & SRI. HEMANTHKUMAR L. HAVARGI, ADVOCATES) AND: 1. SRI. A.C. PEDDANNA GOWD S/O. SRI. A. NARAYANA, AGE: MAJOR, OCC: OWNER OF TRUCK AAQ-6142, R/O. H.NO.5/106, DHONE, DIST: KARNOOL, STATE: ANDRA PRADESH. 2. SRI. SHAIK MAHAMMAD RAFI, S/O. NOOR MAHAMMAD, AGE: MAJOR, OCC: DRIVER OF LORRY AAQ-6142, R/O. KONDAPETA, DHONE, DIST: KARNOOL, STATE: ANDRA PRADESH. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., VEHICLE NO.AAQ-6142, MC/H/0098/ NO VALIDITY 14.07.99 TO 13.07.2000 PUBLIC CARRIER MOTOR VEHICLE INSURANCE MOTOR COVER NOTE 71017 DTD: 14.07.99 DHONE, DIST: KARNOOL, ANDRA PRADESH STATE. …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R3; R1 AND R2 HELD SUFFICIENT) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16287 MFA No. 100407 of 2014 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO THE PRESENT APPEAL BE ALLOWED AND THE JUDGMENT AND AWARD OF THE COURT OF PRL. SENIOR CIVIL JUDGE AND C.J.M. GADAG DATED 30.11.2013 PASSED IN M.V.C.NO.119/2000 BE MODIFIED AND THE QUANTUM OF COMPENSATION AS PRAYED IN THE PETITION BE AWARDED. FURTHER, THE R.3 INSURANCE COMPANY BE DIRECTED TO PAY THE COMPENSATION TO PETITIONER AND RECOVER THE COMPENSAION AMOUNT FROM R.1 AND R.2 AND ETC. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on the appellant’s side on call. There was no representation even on 16.10.2025 and on 29.10.2025. Therefore, this Court on 29.10.2025 ordered the Registry to list the matter on 04.11.2025 under the caption “for Dismissal.” On 04.11.2025, the following order was passed: “Sri. Hemanthkumar L. Havaragi, learned counsel for the appellant submits that the appellant - 3 - HC-KAR NC: 2025:KHC-D:16287 MFA No. 100407 of 2014 is no more and he will take steps to bring the legal representatives of the appellant on record. On a query posed by this Court, learned counsel for the appellant states that he do not know the exact date of death of the appellant. The appeal is of the year 2014. However, to give fair opportunity, time for two weeks is granted to take necessary steps. In case steps are not taken within the time granted, necessary orders will follow. List on 25.11.2025 under the same caption.” However, again on this day there is no representation. Even there is no proof with regard to death of the appellant. Therefore, this Court finds no grounds to keep the appeal pending. Thus, the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 15