- 1 - HC-KAR NC: 2025:KHC-D:16026 MFA No. 22559 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 22559 OF 2013 (MV) BETWEEN: 1. FAKIRGOUDA S/O. RUDRAGOUDA NERALAKATTI, AGE: MAJOR, OCC: AGRICULTURE, R/O: MUGAD, TQ & DIST: DHARWAD. (OWNER OF THE TRACTOR AND TRAILOR BEARING NO.CTD 9748 AND CTD 9749) 2. MRUTYUNJAYA S/O. SHIVAPPA CHIKKAMATH, AGE: MAJOR, OCC: DRIVER, R/O: KELGERI, TQ & DIST: DHARWAD. (DRIVER OF TRACTOR AND TRAILOR BEARING NO.CTD 9748 AND CTD 9749). …APPELLANTS (BY SRI. AHAMED ALI J. RAHIMANSHA, ADVOCATE) AND: 1. KUMAR MALLAPPA S/O. IRAPPA BETAGERI, AGE: 19 YEARS, OCC: STUDENT, R/O: CHIKKAMALLIGEWAD, TQ & DIST: DHARWAD. 2. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., DHARWAD BRANCH, APMC YARD, MRUTYUNJAYA NAGAR, DHARWAD. …RESPONDENTS (BY SMT. SHAILA BELLIKATTI, ADVOCATE FOR R1; SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16026 MFA No. 22559 of 2013 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED IN MVC NO.88/2008 BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT DHARWAD ON DATED 27-05-2011 IN THE INTEREST OF JUSTICE AND ETC. THIS APPEAL COMING ON FOR DISMISSAL 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) No representation on appellants’ side on call. Ms.Shaila Bellikatti, learned counsel for respondent No.1 as well as Sri.Rajesh B. Rajanal, learned counsel for respondent No.2 are present. There was no representation on appellants’ side even on 08.10.2025 and 10.11.2025. Though the matter is listed on this day under the caption ‘for Dismissal’, yet there is no representation. These facts reveal that appellants are not interested in prosecuting the appeal. - 3 - HC-KAR NC: 2025:KHC-D:16026 MFA No. 22559 of 2013 Hence, the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab/CT-MCK List No.: 1 Sl No.: 12