- 1 - HC-KAR NC: 2026:KHC:8375 MFA No. 10955 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 10955 OF 2013 (MV- I) BETWEEN: 1. SMT. VIMALA N., AGED 44 YEARS, W/O LATE A. GANESH, R/O NATTIBAIL HOUSE, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K. 574 241. 2. KUM. SWATHI, AGED 23 YEARS, D/O LATE A. GANESH, R/O NATTIBAIL HOUSE, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K. 574 241. 3. MR. SUJAN, AGED 21 YEARS, S/O LATE A. GANESH, R/O NATTIBAIL HOUSE, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K. 574 241. 4. MR. NAGABHUSHAN, 19 YEARS, S/O LATE A. GANESH, R/O NATTIBAIL HOUSE, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K. 574 241. 5. SMT. SUNDARI AGED 86 YEARS, W/O LATE N. RAMA, R/O NATTIBAIL HOUSE, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K. 574 241. (THE APPELLANT NO.5 IS NOT CLAIMING THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8375 MFA No. 10955 of 2013 BENEFIT OF SENIOR CITIZEN) …APPELLANTS (BY SRI. PUNDIKAI ISHWARA BHAT., ADVOCATE) AND: 1. SRI.M.A.PALANISWAMY, MAJOR, S/O ATHIYANEN, PROPRIETOR OF SRI LAXMI TRANSPORT, R/A C/O MR. RAVI, LABBIPET, VIJAYAWADA 520 001, ANDHRA PRADESH. 2. THE ORIENTAL INSURANCE CO. LTD. DIVISIONAL OFFICE, P.O.NO.84, 160, CHERRY ROAD, 1ST FLOOR SALEM 636 001, REP. BY ITS DIVISIONAL MANAGER. 3. SRI A.DINESH MAJOR, S/O SOMAPPA SAPALYA, CANADA HOUSE, ARKULA VILLAGE & POST, MANGALORE TALUK 574 143. 4. THE DIVISIONAL MANGER THE UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE RAM BHAVAN COMPLEX MANGALORE 575 003. …RESPONDENTS (BY SRI. A RAVISHANKAR FOR R2., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2011 PASSED IN MVC NO.1479/1997 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, EMBER MACT-IV, D.K, MANGALORE, PARTLY ALLOWING - 3 - HC-KAR NC: 2026:KHC:8375 MFA No. 10955 of 2013 THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The injured claimant preferred this appeal against the award of the Tribunal in the year 2013, but he was absent on the previous occasion. Hence, the matter is listed today under the caption of dismissal. 2. There is no representation, and he has failed to pursue the litigation, with due diligence as such no purpose is served in continuing the litigation. 3. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (P SREE SUDHA) JUDGE TIN List No.: 1 Sl No.: 46