- 1 - HC-KAR NC: 2025:KHC:37492 MFA No. 10279 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.10279 OF 2013 (MV-I) BETWEEN: B M JAGADEESHA S/O LATE MALLEGOWDA AGED ABOUT 46 YEARS BEERAVALLI VILLAGE AKKIHEBBAL HOBLI K R PET TALUK MANDYA DISTRICT-571605. …APPELLANT (BY SRI. B.M.JAGADEESHA, ADVOCATE) AND: 1. C K SHEREEFA D/O MOOSA.C.K, AGED ABOUT YEARS, SHAREEFA MANZIL, T C ROAD, CHIRAKKARA THELASSERI, KANNUR DISTRICT, KERALA STATE- 670 104. 2. THE DIVISIONAL MANAGER THE ORIENTAL ASSURANCE COMPANY DIVISIONAL OFFICE OPPOSITE FIRE BRIGADE NEW MUSLIM HOSTEL COMPLEX SARASWATHIPURAM, MYSORE-570009. (POLICY NO.441600/31/2009/1616 VALID FROM 23/8/2008 TO 22/8/2009) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37492 MFA No. 10279 of 2013 INSURED AT DOI, 2ND FLOOR UNITY COMPLEX, SM PARK ROAD KANNANUR KERALA- 670 001. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; R1 SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.12.2011 PASSED IN MVC NO.44/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, K.R.PET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Notice was ordered to the appellant through PDJ. However, it was served on 11.05.2021. The office has placed the said note before this Court today. 2. The injured claimant has filed this appeal enhancement of compensation against the judgment and award passed by the Tribunal in MVC No.44/2011 dated 28.12.2011. - 3 - HC-KAR NC: 2025:KHC:37492 MFA No. 10279 of 2013 3. The Tribunal has awarded a global compensation of Rs.12,000/- with interest at rate of 6% per annum. Aggrieved by the said order, the claimant preferred this appeal on 06.12.2013. However, till today, the appellant has not pursued with due diligence, no purpose would be served by keeping the matter pending. 4. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 1