- 1 - HC-KAR NC: 2025:KHC:35728 MFA No. 4476 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4476 OF 2014 (MV) BETWEEN: 1. CHINNAPPA @ KUMARA BHOVI, SINCE DEAD BY HIS LRS, SMT. LAKSHMAMMA, AGED ABOUT 62 YEARS, W/O LATE CHINNAPPA @ KUMARA BHOVI, 2. SRI K. C. JAYAKUMAR. AGED ABOUT 36 YEARS, W/O LATE CHINNAPPA @ KUMARA BHOVI, 3. KUM. K. C. SARASWATHI, AGED ABOUT 29 YEARS, D/O LATE CHINNAPPA @ KUMARA BHOVI, 4. SRI. K. C. PRASANNA, AGED ABOUT 26 YEARS, W/O LATE CHINNAPPA @ KUMARA BHOVI, ALL ARE RESIDING AT NO.9/8, BYRASANDRA, I BLOCK, EAST JAYANAGAR, BANGALORE - 560 011. …APPELLANTS (BY SRI. NARASIMHA MURTHY K, ADVOCATE – ABSENT) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35728 MFA No. 4476 of 2014 AND: 1. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, NO.140, LAKSHMI COMPLEX, K. R. ROAD, OPP. VANIVILAS HOSPITAL, BANGALORE - 560 002, (INSURER OF BMTC BUS BEARING REGISTRATION NO.KA-01-F-1366) 2. THE MANAGING DIRECTOR, B.M.T.C., K.H.ROAD, SHANTHINAGAR, BENGALURU - 560 027, (R.C.OWNER OF BMTC BUS BEARING REGISTRATION NO.KA-01-F-1366) …RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R1; SRI. D.VIJAYAKUMAR, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.02.2014 PASSED IN MVC NO.164/2011 ON THE FILE OF THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE, (S.C.C.H.NO:01) AND TO AWARD COMPENSATION BY ALLOWING THIS APPEAL AND CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:35728 MFA No. 4476 of 2014 ORAL JUDGMENT Learned counsel for the appellants is absent. 2. Learned counsel for the respondents are present. 3. This appeal is filed against the judgment and award of the Tribunal in MVC No.164/2011 dated 25.02.2014. The claim petition was dismissed on the ground that there was no nexus between the accident and the death. It is stated that claimant died due to tuberculosis. Against the said order, this appeal is preferred but the appellants' counsel did not turn up even after listing the matter under the caption 'For Dismissal'. This clearly shows that no purpose is served in continuing the appeal. Accordingly, appeal is dismissed for non- prosecution. Sd/- (P SREE SUDHA) JUDGE MH/- List No.: 1 Sl No.: 35