- 1 - HC-KAR NC: 2025:KHC:28858 MFA No. 124 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 124 OF 2024 (MV-I) BETWEEN: THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., DO-1, IST FLOOR, 371/A, PRESTIGE SHOPPING ARCADE, RAMASWAMY CIRCLE, PB NO.212, MYSORE, NOW REP. BY ITS REGIONAL MANAGER, M/S NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SHUBHARAM COMPLEX, 2ND FLOOR, NO.144, M.G.ROAD, BANGALORE - 560 001. …APPELLANT (BY SRI. C. SHANKARA REDDY, ADVOCATE (ABSENT)) AND: 1. SRI SHIVA @ SHIVU S/O SHANKARA, AGED ABOUT 33 YEARS, R/AT NO.59, UPPARADODDI VILLAGE, MALAGARANAHALLY POST, MADDUR TALUK, MANDYA DISTRICT. 2. SRI. SOMASHEKARA S/O SHANKARA, R/AT KAIYAMBALLI VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28858 MFA No. 124 of 2024 SOSALE HOBALI, HORALAHALLY, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 120. …RESPONDENTS (BY SRI. SHRIDHARAMURTHY H.R, ADVOCATE FOR R1) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.07.2023 PASSED IN MVC NO.1616/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MEMBER AND MACT, MANDYA, AWARDING COMPENSATION OF RS.6,47,800/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL DEPOSIT OF THE AMOUNT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT No representation on appellant's side on call. There was no representation even on 16.06.2025. On 16.06.2025, though there was no representation on appellant's side and though requisites were not furnished for sending notice to respondent No.2, to give fair opportunity, this Court granted time for three days to furnish the requisites and further ordered that in case requisites are not furnished within those - 3 - HC-KAR NC: 2025:KHC:28858 MFA No. 124 of 2024 three days, the appellant would be at liability to pay costs of Rs.500/- to the High Court Advocates Library Fund. Despite passing such order and giving such opportunity, the appellant's did not choose to utilize the same. As per office endorsement neither the requisites were furnished till now nor costs were paid. These facts makes it clear that the appellant is not interested in pursuing the matter. Therefore, the appeal stands dismissed for non prosecution. Consequently, the proceedings in I.A No.1/2024 and I.A No. 1/2025 stands closed. Amount if any in deposit be transmitted to the concerned tribunal. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 1 CT: BHK