- 1 - NC: 2025:KHC-D:6613-DB MFA No. 102449 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH 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.102449 OF 2022 (MV-D) BETWEEN: SHRI. PRASHANT S/O. SADASHIV BAGADI, AGE. 49 YEARS, OCC. BUSINESS, R/O. S.NO.33, SHANI NAGAR, NEAR SHANTI MANDIR, AMBEGAON K.H. PUNE-411046. (OWNER OF MARUTI ERTIGA CAR BEARING ITS REGISTRATION NO.MH-12/MB-8351). …APPELLANT (BY SRI. M.H. PATIL, ADVOCATE FOR APPELLANT IS ABSENT) AND: 1. SMT. SAVITA W/O. CHANNAPPA YALLATTI, AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. 2. KUM. SHRIKANT S/O. CHANNAPPA YALLATTI, AGE. 16 YEARS, OCC. STUDENT, MINOR R/BY. NATURAL MOTHER I.E., PET.NO.1, SMT. SAVITA W/O. CHANNAPPA YALLATTI, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. 3. KUM. BASAVARAJ S/O. CHANNAPPA YALLATTI, AGE. 14 YEARS, OCC. STUDENT, MINOR R/BY. NATURAL MOTHER I.E., PET.NO.1, SMT. SAVITA W/O. CHANNAPPA YALLATTI, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6613-DB MFA No. 102449 of 2022 4. KUM. SHRISHAIL S/O. CHANNAPPA YALLATTI, AGE. 12 YEARS, OCC. STUDENT, MINOR R/BY. NATURAL MOTHER I.E., PET.NO.1, SMT. SAVITA W/O. CHANNAPPA YALLATTI, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. 5. SHANTAWWA MALLAPPA YALLATTI, AGE. 74 YEARS, OCC. HOUSEHOLD WORK, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. 6. SMT. BANGAREVVA W/O. BASAPPA KOKATNUR, AGE. 44 YEARS, OCC. HOUSEHOLD WORK, R/O. HIDAKALL, TQ. RAIBAG, DIST. BELAGAVI. 7. MALLAPPA S/O. DUNDAPPA YALLATTI, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. 8. LAXMAN S/O. DUNDAPPA YALLATTI, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. SATTI, TQ. ATHANI, DIST. BELAGAVI. 9. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI. (INSURER OF MARUTI ERTIGA CAR BEARING ITS REGISTRATION NO.MH-12/MB-8351) POLICY NO.31260031150302973570 VALID FROM 30-07-2015 TO 29-07-2016. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE TRIBUNAL IN MVC NO.2013/2016 DATED 12.11.2019 AND MODIFY THE JUDGMENT BY SADDLING THE LIABILITY ON THE RESPONDENT NO.9 INSURANCE COMPANY AND ETC., THIS MISCELLANEOUS FIRST 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 - 3 - NC: 2025:KHC-D:6613-DB MFA No. 102449 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) On 03.04.2025, at request, finally two weeks’ time was granted to comply office objections on payment of costs of Rs.3,000/- to the Advocates’ Association Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad. Till date, office objections are not complied. There is no representation for the appellant in the morning session as well as in the afternoon. It appears that the appellant is not interested in prosecuting the case. Accordingly, the appeal is dismissed for non-compliance of office objections on further cost of Rs.5,000/- payable to the State Legal Service Authority, High Court of Karnataka, Dharwad Bench, Dharwad. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 2 Sl No.: 22