- 1 - HC-KAR NC: 2025:KHC-D:16652 MFA No. 102510 of 2015 C/W MFA No. 102511 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102510 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102511 OF 2015 IN M.F.A.NO.102510/2015 BETWEEN: SRI. TIPPANNA S. ALADAKATI, AGED MAJOR, OCC: BUSINESS, R/O: DEVIHOSUR VILLAGE, TALUK: HAVERI, DISTRICT: HAVERI, (OWNER OF THE VEHICLE BEARING REG. NO.KA 27/K-5018) …APPELLANT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. MARTHANDAPPA S/O. MALLALLA GOUDAR, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: SOMALAPUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., SUJATH COMPLEX, P.B. ROAD, HUBBALLI. …RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16652 MFA No. 102510 of 2015 C/W MFA No. 102511 of 2015 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 15/11/2012 IN M.V.C.NO.546/2009 PASSED BY THE JUDGMENT AND AWARD PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR BY FIXING THE LIABILITY ON 2ND RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.102511/2015 BETWEEN: SRI. TIPPANNA S. ALADAKATI, AGED 46 YEARS, OCC: BUSINESS, R/O: DEVIHOSUR VILLAGE, TALUK: HAVERI, DISTRICT: HAVERI. (OWNER OF THE VEHICLE BEARING REG.NO.KA 27/K-5018) …APPELLANT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. SRI. NAGARAJ S/O. HANUMANTHAPPA GOUDAR @ KIVUDANAVAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: SOMALAPUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., SUJATH COMPLEX, P.B. ROAD, HUBBALLI. …RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 15.11.2012 IN M.V.C. NO.545/2009 PASSED BY THE ADDITIONAL SENIOR - 3 - HC-KAR NC: 2025:KHC-D:16652 MFA No. 102510 of 2015 C/W MFA No. 102511 of 2015 CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, RANEBENNUR BY FIXING THE LIABILITY ON 2ND RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS 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 appellant’s side on call in both the appeals. 2. There was no representation even on 03.11.2025 and 10.11.2025. Though both the matters are listed on this day under the caption ‘for dismissal’, yet there is no representation. Thus, facts reveal that appellant in both the appeals is not interested in pursuing the appeals. Hence, both the appeals stand dismissed for non-prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 13