- 1 - HC-KAR NC: 2025:KHC-D:15777 MFA No. 25164 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 25164 OF 2012 (MV) BETWEEN: ANURADHA GOPAL DHABULE, @ SHARADA DATATRAYA KALEBARE, AGE: 31 YEARS, OCC: NURSE, R/O: 821 PHUL GALLI, TALIM UMA TALKIES, RAVIWAR PETH, KOLHAPUR. …APPELLANT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. KRISHNA NANA KHADAKE, SINCE DECEASED BY HIS LR, SRI. SAGAR KRISHNA KHADAKE, AGE: 21 YEARS, OCC: NOT KNOWN, R/O: KHUTALWADI, TQ: SHAHUWADI, DIST: KOLHPAUR. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELGAUM. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2, R1- SERVED REMAIN UNREPRESENTED) THE MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY FAST TRACK COURT II AND ADDL. MACT, BELGAUM, IN MVC NO.1825/2011, DATED 31.07.2012 ENHANCING THE COMPENSATION AS CLAIMED IN THE APPEAL MEMO, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15777 MFA No. 25164 of 2012 THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Sri.Srinivas B. Naik, learned counsel for the appellant appears through Video Conference. Sri.G. N. Raichur, learned counsel for respondent No.2 submits that he has not yet received copies of appeal papers. As per office note, no proof is filed regarding payment of costs. On 28.10.2025 following order was passed: “No representation on the appellant’s side on call. Sri. G. N. Raichur appears through Video Conference and submits that the appellant has not served copies of appeal papers yet and therefore he could not file Vakalath. Learned counsel states that, despite a specific order of this Court on 21.08.2025, copies were not served. On 21.08.2025, considering the submission made by Sri.G. N. Raichur that copies of appeal papers were not furnished on him, appellant was directed to serve copies - 3 - HC-KAR NC: 2025:KHC-D:15777 MFA No. 25164 of 2012 of appeal memo and the impugned order. However by the submission that is made by Sri.G. N. Raichur, it is clear that the copies were not served. Also there is no representation. Therefore, the appellant is directed to serve copies of appeal papers at the chambers of Sri. G. N. Raichur within two days and file proof to that effect. In case proof to that effect is not filed within the time granted before the Registry, appellant would be at liability to pay cost of Rs.3,000/- (Rupees Three Thousand Only) to the High Court Advocates’ Library Fund, Dharwad Bench. List on 18.11.2025.” As the appeal is of the year 2012 and as the appellant is not evincing interest in pursuing the appeal, the aforementioned order was passed. Even then the appellant has not chosen to pursue the matter. Hence this Court is of the view that there are no grounds to keep the appeal pending. Thus the appeal stands dismissed for non-compliance of the condition imposed. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab/CT-GTB List No.: 1 Sl No.: 1