HC-KAR NC: 2026:KHC:9368 MFA No. 4650 of 2019 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.4650 OF 2019(MV-I) BETWEEN: THE BRANCH MANAGER ORIENTAL INSURANCE COMPANY LIMITED 1ST FLOOR, BADSHA BUILDING VIRAJPET-571 217 NOW REP. BY ITS REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU-560 025 REP. BY ITS AUTHORIZED SIGNATORY APPELLANT (BY SRI A.M.VENKATESH, ADVOCATE) AND: 1. C. M. ACHAIAH S/O. MUDDAPPA AGED ABOUT 60 YEARS R/O. HUDIKERI VILLAGE REP. BY WIFE SMT. LEELA ACHAIAH AGED ABOUT 55 YEARS HUDIKERI POST, HUDIKERI VILLAGE 2. K. D. MUTHAPPA S/O. DEVAIAH ADVODATE AGED ABOUT 39 YEARS HARIHARA VILLAGE AND POST VIRAJPET TALUK, KODAGU HC-KAR NC: 2026:KHC:9368 MFA No. 4650 of 2019 - 2 - 3. MRS. PAVEEN NANAIAH W/O. LATE. M. B. NANAIAH (JAGGU) AGED ABOUT 40 YEARS THAVALAGERI VILLAGE AND POST VIRAJPET TALUK, KODAGU …RESPONDENTS (R-2 AND R-3 ARE SERVED) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.02.2019 PASSED IN MVC NO.185/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, KODAGU- MADIKERI, SITTING AT VIRAJPET, AWARDING COMPENSATION OF RS.3,72,400/- WITH INTEREST AT 9% P.A. FROM THE DATE OF CLAIM PETITION TILL THE DATE OF REALIZATION. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. On 30.08.2024, the following order was passed: “At request of the learned counsel for appellant, a week’s time is granted to file necessary applications in respect of deceased respondent No.1.” 2. Despite lapse of one and a half years, when the matter was listed before the Court, on 07.01.2026, the record shows that no steps had been taken by the appellant/Insurance Company. On that day, this Court had granted a final HC-KAR NC: 2026:KHC:9368 MFA No. 4650 of 2019 - 3 - opportunity of two weeks’ time to take steps in respect of the deceased respondent No.1. Despite this, on 23.01.2026, a contention was raised by the learned counsel for the appellant that he is unable to locate the address of the legal representatives of the deceased respondent No.1 and requested that paper publication be taken out to serve any known legal representatives of the deceased respondent No.1. This order was also not complied with by the appellant/ Insurance Company. 3. On the last date of hearing, i.e. on 09.02.2026, the Court had passed the following order: “1. On 23.01.2026, the following directions were passed: “1. Learned counsel for the appellant submits he has taken steps to serve the deceased respondent No.1's legal representatives. Pursuant to which he found that the wife of the deceased respondent No. 1 has also passed away and they have no other legal heirs. He requests for some time to place on record an affidavit in this behalf. 2. Since, the appellant is unable to trace out the legal representatives of the respondent No.1, paper publication be taken out by the appellant and application be filed within a week. 3. List the matter on 09.02.2026.” 2. The appellant/Insurance Company has not complied with the above directions. As a final opportunity, three days’ time is granted to the appellant to comply with the same. HC-KAR NC: 2026:KHC:9368 MFA No. 4650 of 2019 - 4 - 3. List this matter on 16.02.2026. 4. It is made clear that failure of compliance will invite an order for dismissal for non-prosecution, since the appeal has been pending for the last almost seven years.” 4. As can be seen from the above, a final opportunity was granted to the appellant and it was further stated that failure of compliance will invite an order of dismissal for non-prosecution since the appeal has been pending for the last seven years. The report of the registry is that the order is still not complied with. 5. Accordingly, and in view of the orders passed and set out above, this petition is dismissed for non-prosecution. Sd/- (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 1 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA