- 1 - NC: 2025:KHC-D:6911-DB MFA No. 104504 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.104504 OF 2023 (MV-I) BETWEEN: SRI MALLESH @ MAILAR, S/O SURESH LOKHANDE, AGE. 25 YEARS, OCC. NIL, R/O INDIARA NAGAR, BAILHONGAL, TQ. BAILHONGAL. …APPELLANT (BY SMT. JOSHNA P DHANAVE, ADVOCATE (ABSENT)) AND: 1. SRI BABAJAN, S/O KATALSAB PATAMMANAVAR, AGE. MAJOR, OCC. BUSINESS, R/O GUNNDLUR CHAWL, BAILHONGAL, TQ. BAILHONGAL, (OWNER OF VEHICLE BEARING NO.KA-24-9048). 2. THE MANAGER, TATA AIG GENERAL INSURANCE COMPANY LTD., SHREE KRISHNA TOWER, 14, KHANAPUR ROAD, TILAKWADI, BELAGAVI, TAL & DIST. BELAGAVI. (INSURER OF THE VEHICLE BEARING NO.KA-24-9048) …RESPONDENTS THIS MFA FILED UNDER SECTION 173 OF MOTOR VEHICLES ACT, PRAYING TO, KINDLY ALLOW THE APPEAL; CALL FOR RECORDS; AND MODIFY THE JUDGMENT AND AWARD PASSED IN MVC NO.1590/2015, DATED 11/10/2018, BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR VEHICLE ACCIDENT TRIBUNAL, BAILHONGAL BY ENHANCING THE COMPENSATION FROM RS.5,000/- ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6911-DB MFA No. 104504 of 2023 TO RS.18,45,000/- BY FIXING THE LIABILITY ON RESPONDENT NO.2 & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal is filed on 08.09.2023. Several opportunities have been provided to the appellant to comply the office objections. 2. By order dated 08.04.2025, two week’s time was granted to comply the office objections, failing which the matter was ordered to be listed on 23.04.2025 for ‘Dismissal’. On 23.04.2025, as the office objections were not complied with, the matter was directed to be listed on 25.04.2025 affording one more opportunity for compliance. 3. Today, when the matter is called, there is no representation for the appellant in the morning session as well as in the afternoon session. Office objections are not complied with till date in spite of providing several opportunities. It - 3 - NC: 2025:KHC-D:6911-DB MFA No. 104504 of 2023 appears that the appellant is not interested in prosecuting the appeal. 4. The appeal stands dismissed with costs of Rs.5,000/- payable to the High Court Legal Services Committee, High Court of Karnataka, Dharwad Bench, Dharwad, along with costs, if any, imposed earlier. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 2 SL NO.: 6