- 1 - HC-KAR NC: 2025:KHC-D:15076 MFA No. 103166 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103166 OF 2016 (MV-D) BETWEEN: SMT. YALLAVVA W/O. HANAMANTAPPA SOTTAMMANAVAR, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: BELAGALI, TQ: HUBLI-580001. …APPELLANT (BY SRI. S.S. BETURMATH, ADVOCATE) AND: 1. SMT. ROOPA W/O. ANAND YADEHALLI, AGE: MAJOR, OCC: OWNER OF MARUTI ALTO CAR NO.KA-14/M-7325, R/O: ABS AND CO., CHARTERED ACCOUNTANTS, 1ST CROSS, GANDHINAGAR, SHIMOGGA-577201. 2. NATIONAL INSURANCE CO. LTD., SHIVAMOGGA BY ITS DIVISIONAL OFFICE, SUJATA COMPLEX, P.B. ROAD, HUBLI-580001, POLICY NO.603702/31/08/6100004826 GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15076 MFA No. 103166 of 2016 VALID FROM 16/08/2008 TO 15/08/2009. 3. JAYAPRAKASH S/O. RUDRADHYA, AGE: MAJOR, OCC: DRIVER, R/O: SMT. ROOPA W/O. ANAND YADEHALLI, ABS AND CO., CHARTERED ACCOUNTANTS, 1ST CROSS (B), GANDHINAGAR, SHIMOGGA-577201. …RESPONDENTS (BY SRI. GURUDEV GACHCHINAMATH, ADVOCATE FOR R1; SRI. M.K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R3 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO ALLOW THIS APPEAL AND CLAIM AND ENHANCE THE COMPENSATION OF RS.11,51,400/- WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE REALIZATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED 19.07.2014 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBLI IN MVC NO.262/2009, IN THE INTEREST OF JUSTICE AND ANY OTHER RELIEFS MAY KINDLY BE GRANTED. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15076 MFA No. 103166 of 2016 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on the appellant’s side on call. 2. Sri.M.K.Soudagar, learned counsel for respondent No.2 is present. 3. On 29.10.2025, following order was passed: “No representation on the appellant’s side on call. Having filed the appeal with delay of more than 700 days, the appellant at least would have been diligent in pursuing the matter. However, there is no representation. Therefore, list the matter on 05.11.2025 under the caption ‘for dismissal’.” 4. Even then, the appellant did not choose to pursue the matter. Therefore, the appeal is dismissed for - 4 - HC-KAR NC: 2025:KHC-D:15076 MFA No. 103166 of 2016 non-prosecution and consequently, I.A. No.1/2016 is also dismissed. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 23