- 1 - NC: 2024:KHC-K:3466-DB MFA No. 201513 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 30TH DAY OF MAY, 2024 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCL. FIRST APPEAL NO. 201513 OF 2023 (MV-D) BETWEEN: GENERAL MANAGER THE ORIENTAL INSURANCE CO. LTD., 1-1-80/17 FIRST FLOOR, JHANSI LODGE BUILDING JAWAJAR NAGAR, OPP. SUDARSHAN CINEMA HYDERABAD, TELANGANA -500020. THROUGH DIVISIONAL ASST. MANAGER, THE ORIENTAL INSURANCE CO. LTD., SUPER MARKET KALABURAGI NOW ASSISTANT MANAGER. …APPELLANT (BY SRI. S. S. ASPALLI, ADVOCATE) AND: 1. SHARIKA W/O UMAKANTH HORANDE, AGE: 27 YEARS, OCC: HOUSEHOLD. 2. ARAV S/O UMAKANTH HORANDE, AGE: 3 YEARS, MINOR U/G HIS REAL MOTHER SHARIKA W/O UMAKANTH HORANDE AGE :27 YEARS, OCC: HOUSEHOLD. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-K:3466-DB MFA No. 201513 of 2023 3. SHANTABAI W/O TANAJI HORANDE, AGE: 60 YEARS, OCC: HOUSEHOLD, ALL ARE R/O B.V COLONY, UDAMGADDA, MAILARDEVPALLY BANDLAGUDA JAGIR RAJENDRANAGAR, K.V RANGAREDDY TELANGANA, NOW RESIDING AT VILLAGE TALWAD(M) TQ. BHALKI, DISTRICT: BIDAR. 4. LIMOLINER INDIA PVT. LTD., D. SATISH KUMAR 2ND FLOOR, 202 SHIRDI SAI NILYAM, VIGNANPURI COLONY, KUKUATPALLY QUTHUBULLAPUR, HYDERABAD -500072. …RESPONDENTS (BY SRI. GANESH NAIK, ADVOCATE FOR R1 TO R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.664/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BHALKI, DATED 29.11.2022. SET ASIDE THE JUDGMENT AND AWARD DATED 29.11.2022 IN MVC NO.664/2019 PASSED BY SENIOR CIVIL JUDGE AND ADDL. MACT BHALKI, BY ALLOWING THE ABOVE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY ASHOK S. KINAGI J., DELIVERED THE FOLLOWING: - 3 - NC: 2024:KHC-K:3466-DB MFA No. 201513 of 2023 JUDGMENT Matter is called twice, both the in the morning session and in the afternoon session. None appears for the appellant. It appears that the appellant is not interested in prosecuting this appeal. Accordingly, the appeal is dismissed for non- prosecution. Sd/- JUDGE Sd/- JUDGE VNR List No.: 1 Sl No.: 56 CT;BN