- 1 - HC-KAR NC: 2025:KHC:49062 MFA No. 4779 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 4779 OF 2019 (MV-I) BETWEEN: SRI. KISHORE. J S/O. JAGADISH. G, AGED ABOUT 20 YEARS, R/AT NO. 794, SAMRAT LAYOUT, AISHWARYA BAKERY ROAD, BANNERGHATTA ROAD, AREKERE, BENGALURU-560 096. …APPELLANT (SRI. J.KISHORE- APPELLANT (ABSENT)) AND: 1. SMT. HEMA KULKARNI W/O. B. V. KULKARNI, AGED ABOUT 65 YEARS, R/AT NO.1, 1ST CROSS, 1ST MAIN ROAD, DOLLARS LAYOUT, J. P. NAGAR 4TH PHASE, BENGALURU-560 078. 2. THE NEW INDIA ASSU. CO. LTD., BY GENERAL MANAGER, OFFICE AT 2-B, UNITY BUILDINGS, ANNEXE P. KALINGA RAO ROAD, (MISSION ROAD), BENGALURU-560 027. …RESPONDENTS (BY SRI. CHETAN JADHAV., ADVOCATE FOR R1; SRI. S V HEGDE MULKHAND, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49062 MFA No. 4779 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2019 PASSED IN MVC NO.3205/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER MACT, BENGALURU (SCCH-15), AWARDING COMPENSATION OF RS.6,98,500/- WITH INTEREST AT 6% P.A. TILL REALIZATION. INTEREST IS NOT PAYABLE ON FUTURE MEDICAL EXPENSES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT On perusal of the order sheet, it appears that this Court, vide order dated 28.08.2019, granted an interim order of stay subject to the appellant depositing 50% of the award amount in the MACT within a period of four weeks. However, though the matter was listed on several occasions, the appellant did not comply with the order of depositing 50% of the award amount. 2. Further, learned counsel, who was appearing for the appellant has filed a retirement memo stating that despite repeated requests, the appellant did not communicated with the counsel. This Court vide order dated 23.10.2025, permitted learned counsel appearing - 3 - HC-KAR NC: 2025:KHC:49062 MFA No. 4779 of 2019 for the appellant to retire from the case. The Court notice issued to the appellant was returned with the endorsement 'no such person in the address'. 3. In view of the above, it appears that despite several opportunities, the appellant did not choose to prosecute the matter. Hence, this appeal is dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 0