- 1 - HC-KAR NC: 2025:KHC-K:3515 MFA No. 200627 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200627 OF 2020 (MV-D) BETWEEN: 1. SABAVVA W/O LATE GUNDAPPA, AGE: 53 YEARS, OCC: HOUSEHOLD, 2.. RAMESH S/O LATE GUNDAPPA AGE: 35 YEARS, OCC: LABOUR, 3. KAVITA D/O LATE GUNDAPPA, (W/O HANUMANTH), AGE: 34 YEARS, OCC: HOUSE HOLD, 4. ADEPPA S/O LATE GUNDAPPA, AGE: 31 YEARS, OCC: STUDENT, 5. SAVITHA D/O LATE GUNDAPPA, (W/O SUDHAKAR), AGE: 28 YEARS, OCC: HOUSE HOLD, ALL ARE R/O: AINAPUR, TQ: CHINCHOLI, NOW AT KUMBARWADA, BIDAR. …APPELLANTS (BY SRI SANDEEP VIJAYKUMAR, ADVOCATE - ABSENT) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3515 MFA No. 200627 of 2020 AND: 1. KASHINATH S/O VEERAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.1/59, BAMBALGI VILLAGE, TQ: AND DIST: BIDAR - 585 401. (OWNER OF VEHICLE) 2. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, ANUPAN COMPLEX, BASVESHWAR CHOWK, GANDHI GUNJ ROAD, BIDAR – 585 401. …RESPONDENTS (BY SRI RAHUL R. ASTURE, ADVOCATE FOR R2 - ABSENT) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING MODIFY THE JUDGMENT AND AWARD DATED 05.12.2017 PASSED IN MVC NO.293/2016 ON THE FILE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT AT BIDAR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT None appears. 2. It is seen on previous date i.e., 18.06.2025, despite undertaking to file application for substituted service of notice to respondent no.1 was not filed and request for further time was granted on cost. - 3 - HC-KAR NC: 2025:KHC-K:3515 MFA No. 200627 of 2020 3. Today, neither cost is paid nor counsel is present. Hence, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 9