- 1 - HC-KAR NC: 2025:KHC:29247 MFA No. 63 of 2015 C/W MFA No. 62 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 63 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 62 OF 2015 (MV-I) IN MFA No. 63/2015: BETWEEN: MR VIKAS S K S/O SK KANTHIKARY, AGED ABOUT 28 YEARS, RESIDING ANO.227/67, 18TH CROSS, 21 MAIN, M C LAYOUT, VIJAYNAGAR, BANGALORE. …APPELLANT (BY SRI. VIKAS S.K .,ADVOCATE) AND: 1. HDFC GENERAL INSURANCE CO. LTD, REGISTERED OFFICE RAMAN HOUSE, H T PARK MARG, 169, BACKBAY RECLAMATION, MUMBAI-400 020. 2. SRI NAGARAJU, S/O NANJAPPA, AGED MAJOR, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29247 MFA No. 63 of 2015 C/W MFA No. 62 of 2015 NO.1, KUMAR BUILDING, ABOVE CAUVERY NURSING HOME, MADIWALA, HOSUR ROAD, BANGALORE-560 068. 3. SRI M VISHWAS FATHER NAME NOT KNOWN, AGED MAJOR, RESIDING AT NO.625, 8TH BLOCK, 3RD CROSS, K R GARDEN, KORAMANGALA, BANGALORE-560 095. 4. DURGAMBA MOTORS, KUNDAPURA, UDUPI DIST-576 201, SMT. JAYASHREE S CHATRA, W/O SADANANADA CHATRA OWNER OF THE BUS BEARING NO.KA-20-A-3437. 5. NEW INDIA ASSURANCE CO. LTD., PUSHPA BUILDING, MAIN ROAD, KUNDAPUR-576201, REP. BY BRANCH MANAGER. …RESPONDENTS (BY SRI. O MAHESH FOR R1; SRI. A.ANANDA SHETTY FOR R4; SRI. C.R.RAVISHANKAR FOR R5; R3 SERVED) THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF MOTOR VENICLES ACT AGAINST THE JUDGMENT AND AWARD DATED29.9.2014 PASSED IN MVC NO.272/2009 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:29247 MFA No. 63 of 2015 C/W MFA No. 62 of 2015 IN MFA NO. 62/2015: BETWEEN: MR S SUMANTH S/O H.N.SUDHEER, AGED ABOUT 27 YEARS, RESIDING AT NO.265/4, 4TH MAIN, BYRAPPA BLOCK, T.R.NAGAR, BANGALORE-560 028. ...APPELLANT (BY SRI. SUMANTH.,ADVOCATE) AND: 1. HDFC GENERAL INSURANCE CO LTD REGISTERED OFFICE RAMAN HOUSE, H.T.PARK MARG, 169, BACKBAY RECLAMATION, MUMBAI-400 020 REPRESENTED BY ITS MANAGER. 2. SRI NAGARAJU S/O NANJAPPA, AGED MAJOR, NO.1, KUMAR BUILDING, ABOVE CAVERY NURSING HOME, MADIWALA, HOSUR ROAD, BANGALORE-560 068. 3. SRI.M.VISHWAS FATHER NAME NOT KNOWN, AGED MAJOR, RESIDING AT NO.625, 8TH BLOCK, 3RD CROSS, K.R.GARDEN, KORAMANGALA, BANGALORE-560 095. 4. DURGAMBA MOTORS KUNDAPUARA, - 4 - HC-KAR NC: 2025:KHC:29247 MFA No. 63 of 2015 C/W MFA No. 62 of 2015 UDAPI DIST-576201 SMT.JAYASHREE S CHATRA W/O SADANANDA CHATRA OWNER OF THE BUS BEARIANG NO.KA-20 A-3437 5. NEW INDIA ASSURANCE CO LTD PUSHPA BUILDING MAIN ROAD, KUNDAPUR-576 201 REP BY BRANCH MANAGER. ...RESPONDENTS (BY SRI. O MAHESH FOR R1.,ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 29.9.2014 PASSED IN MVC NO.273/2009 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER-MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL COMMON JUDGMENT IN MFA No.63/2015: 1. This appeal is filed by the claimant assailing the judgment and award dated 29.09.2014 passed in MVC No.272/2009 on the file of the VIII Additional Small Causes Judge, XXXIII ACMM Member, MACT, Bangalore. - 5 - HC-KAR NC: 2025:KHC:29247 MFA No. 63 of 2015 C/W MFA No. 62 of 2015 2. During the pendency of the appeal, learned counsel for the appellant retired, hence Court notice was issued to the appellant, but he did not turn up, hence conditional order was passed on 17.07.2025 for dismissal. Even today there is no representation on behalf of the appellant. It appears the appellant is not interested in prosecuting the appeal, hence the appeal is dismissed for non-prosecution. IN MFA No.62/2015: This appeal is by another claimant, who had met with the same accident. Hence the Tribunal passed a common order. Assailing the said judgment and award dated 29.09.2014 passed in MVC No.273/2009 on the file of the VIII Additional Small Causes Judge, XXXIII ACMM Member, MACT, Bangalore, the appellant is before this Court. 2. During the pendency of the appeal, learned counsel for the appellant retired, hence Court notice was issued to the appellant, but he did not turn up, hence - 6 - HC-KAR NC: 2025:KHC:29247 MFA No. 63 of 2015 C/W MFA No. 62 of 2015 conditional order was passed on 17.07.2025 for dismissal. Even today there is no representation on behalf of the appellant. It appears the appellant is not interested in prosecuting the appeal, hence the appeal is dismissed for non-prosecution. Sd/- (P SREE SUDHA) JUDGE NG List No.: 1 Sl No.: 3 bCT-PS