- 1 - HC-KAR NC: 2025:KHC-D:14347 MFA No. 100167 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100167 OF 2018(MV-D) BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO., LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI, REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY (S) …APPELLANT (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. SMT. SONIDEVI W/O. BIRDARAM @ VARDARAM PATEL, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: PRABHUWADI, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI. 2. SRI. BIRDARAM @ VARDARAM S/O. BHIMARAM PATEL, AGE: 46 YEARS, OCC: BUSINESS, R/O: PRABHUWADI, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI. 3. SHRI AMBARAM S/O. BIRDARAM @ VARDARAM PATEL, AGE: 22 YEARS, OCC: STUDENT, R/O: PRABHUWADI, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14347 MFA No. 100167 of 2018 4. SHRI DINESHKUMAR S/O. BIRDARAM @ VARDARAM PATEL, AGE: 17 YEARS, OCC: STUDENT, R/O: PRABHUWADI, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI. NOTE: RESPONDENT NO.4 IS A MINOR REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN RESPONDENT NO.1. 5. SHRI RAMAGONDA PAYAGONDA PATEL, AGE: MAJOR, OCC: AGRICULTURE, R/O: ANKALI, TQ: CHIKKODI, DIST: BELAGAVI. (OWNER OF THE MOTOR CYCLE BEARING NO.KA-23/EM-0770) 6. SHRI MADHU SIDDAPPA WADER, AGE: MAJOR, OCC: BUSINESS, R/O: KERUR, TQ: CHIKKODI, DIST: BELAGAVI. (OWNER OF THE MOTOR CYCLE BEARING NO.KA-23/Y-4884) …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R6; NOTICE TO R5 IS SERVED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN M.V.C. NO.1038/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND MODIFY THE AWARD DATED 24.11.2016 BY REDUCING THE COMPENSATION IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14347 MFA No. 100167 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on appellant’s side on call. The matter was called around 10.40 a.m., and again now at 3.00 p.m. The appellant did not choose to take steps for service of notice upon respondents 1 to 4. As respondents 1 to 4 are the claimants and as the appellant did not show interest for serving notice upon respondents 1 to 4 and as there is no representation even on appellant’s side, the appeal stands dismissed for non prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 5