- 1 - HC-KAR NC: 2025:KHC-D:13395 MFA No. 101837 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101837 OF 2015 BETWEEN: SURESH DUNDAPPA BIRALDINNI, AGE: 56 YEARS, OCC: BUSINESS, R/O. FLAT NO.7, GINDE COMPLEX, BAZAR GALLI, VADAGAON, BELAGAVI. …APPELLANT (BY SRI. VISHWANATH BADIGER, ADVOCATE) AND: 1. VIJAY S/O SURESH BEERALDINNI AGE: 28 YEARS, OCC: CONTRACTOR (NOW NIL), R/O. FLAT NO.7, GINDE COMPLEX, BAZAR GALLI, VADAGAON, BELAGAVI. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE AT RAMDEV GALLI, BELAGAVI. …RESPONDENTS (BY SRI. G.R. TURMARI, ADV. FOR SRI. H.D. PATIL, ADV. FOR R1; SRI. M.Y. KATAGI, ADV. FOR R2 ) THIS MFA FILED U/SEC.173 OF MV ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY SET ASIDE THE JUDGMENT AND AWARD DATED 06.12.2012 IN MVC NO.711/2011 PASSED BY MACT-I AND PRL. DISTRICT JUDGE, BELAGAVI, AND BY SADDLING THE ENTIRE LIABILITY UPON THE RESPONDENT NO.2/INSURANCE CO. IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13395 MFA No. 101837 of 2015 ORAL JUDGMENT In view of the dismissal of the claim petition, this appeal does not survive for consideration. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT:ANB