- 1 - HC-KAR NC: 2025:KHC-D:14785 MFA No. 101540 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101540 OF 2017 (MV-D) BETWEEN: SHRI GURUMURTHY TOTAYYA BELLARI, AGE: 55 YEARS, OCC: BUSINESS, R/O. SHRI SIDDHALINGESHWAR, AGRO ENTERPRISED, 3907, KAKATIVEY ROAD, BELAGAVI, DISTRICT: BELAGAVI. …APPELLANT (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. SMT. SHILPA W/O. PRASHANT KALLYANSHETTI, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. CCB 128, 1ST MAIN, II CROSS, SADASHIV NAGAR, BELAGAVI. 2. KUMAR SAMARTH S/O. PRASHANT KALLYANSHETTI, AGE: 14 YEARS, OCC: STUDENT, MINOR REPRESENTED BY MINOR GUARDIAN NATURAL MOTHER RESPONDENT NO.1 R/O. CCB 128, 1ST MAIN, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.03 12:22:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14785 MFA No. 101540 of 2017 II CROSS, SADASHIV NAGAR, BELAGAVI. 3. SMT. INDUMATI W/O. BASAVARAJ KALLYANSHETTI, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. 252-E WARD, BASANT BAHAR TALKIES ROAD, OPPOSITE IDBI BANK, SHAHAPURI, KOLHAPUR-416 001. 4. RELIANCE GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE 252, E-WARD, BASANT BAHAR ROAD, BEHIND COLLECTOR OFFICE, OPPOSITE IDBI BANK, SHAHAPURI KOLHAPUR, REPRESENTED BY ITS DIVISIONAL OFFICER, DESHPANDE NAGAR, HUBBALLI. …RESPONDENTS (NOTICE TO R1-R4 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.11.2016 PASSED IN M.V.C. NO.1178/2012 PASSED BY THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AT BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14785 MFA No. 101540 of 2017 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on either side on call. 2. On 10.10.2025 following order was passed: “No representation on the appellant’s side on call. The appeal is of the year 2017. However to give fair opportunity to the appellant to pursue the matter, list on 31.10.2025.” 3. Thus it is clear that though opportunity is give to the appellant to pursue the matter, he did not represent. Hence, the appeal stands dismissed for non-prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 17