- 1 - HC-KAR NC: 2025:KHC-D:15439 MFA No. 102572 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.102572 OF 2015 (MV-I) BETWEEN: SHAIKH AHMED BABUR SAB, AGE ABOUT 60 YEARS, OCC : GOVERNMENT CONTRACTRO CUM STEEL FURNITURE PRODUCTION BUSINESS, PRESENTLY RESIDING AT C/O: VISHAL INDUSTRIES KAKARMATH, TQ: ANKOLA. …APPELLANT (BY SRI. AMOGH JOSHI, ADVOCATE FOR SRI. S.L. MATTI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, NWKRTC, HUBLI. (R.C. OWNER OF BUS NO.KA-42/F-1005) 2. VENKATESH MARUTI BHOVI, AGED ABOUT 32 YEARS, OCC: DRIVER, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15439 MFA No. 102572 of 2015 BATCH NO.917, KSRTC DEPOT, NAVALAGUND, R/O: GUDDADAKERI STREET, NAVALAGUND. 3. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., KARWAR. …RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R1; SRI. M.K. SOUDAGAR, ADVOCATE FOR R3; NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 10/04/2015 IN M.V.C.NO.136/2012 PASSED BY THE ADDITIONAL MOTOR ACCIDENT CLAMIS TRIBUNAL KUMUTA (ITINERARY SITTING AT ANKOLA) BY ENHANCING THE COMPENSATION REASONABLY AND ADEQUATELY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15439 MFA No. 102572 of 2015 ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) On 03.11.2025 Sri Amogh Joshi representing Sri S.L.Matti, learned counsel on record for the appellant sought time. 2. Granting time, the matter was ordered to be listed on 05.11.2025 and it was clearly mentioned that no further time will be granted. 3. On 05.11.2025 there was no representation on appellant’s side. Hence, the matter was ordered to be listed under the caption ‘for dismissal’ on this day and accordingly the matter is listed ‘for dismissal’. 4. On this day Sri Amogh Joshi submits that Sri S.L.Matti, is unavailable. Seeks time. 5. However, along with Sri S.L.Matti, Sri M.D.Rafique, learned advocate is also representing the - 4 - HC-KAR NC: 2025:KHC-D:15439 MFA No. 102572 of 2015 appellant. Why even the said counsel i.e., Sri M.D.Rafique could not make his submission is not clarified. 6. Sri Amogh Joshi, submits that he is not aware, why Sri M.D.Rafique did not choose to conduct the case. 7. The appeal is of the year 2015. The aforementioned facts clearly reveal that the appellant is not interested in pursuing the matter. 8. Hence the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 19