- 1 - HC-KAR NC: 2026:KHC:14898 MFA No. 5144 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5144 OF 2015 (MV-D) BETWEEN: BASAVARAJ S/O LATE NANJUNDAIAH AGED ABOUT 38 YEARS RESIDNG AT NO. 213-3 KOLAR, KOLAR DISTRICT ADDRESS GIVEN BY CLAIMANTS OWNER OF YAMAHA CNX 8658 POLICE CONSTABLE RESIDING AT VEMGAL POLICE STATION VEMAGAL KOLAR DISTRICT-563101 …APPELLANT (BY SRI. VENKATA REDDY C M, ADVOCATE (ABSENT)) AND: 1. MAQBOOL JAN W/O LATE BASHEER AGED ABOUT 47 YEARS 2. MUBARAKA S/O LATE BASHEER AGED ABOUT 28 YEARS 3. TABRAZ S/O LATE BASHEER AGED ABOUT 25 YEARS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14898 MFA No. 5144 of 2015 4. TANVEER S/O LATE BASHEER AGED ABOUT 23 YEARS 5. ARSHEEYA D/O LATE BASHEER AGED ABOUT 21 YEARS 6. TAUSEEF S/O LATE BASHEER AGED ABOUT 17 YEARS 7. AFREEN D/O LATE BASHEER AGED ABOUT 17 YEARS RESPONDENTS 6 & 7 ARE MINORS REPRESENTED BY THEIR MOTHER 1ST RESPONDENT AS NATURAL GUARDIAN 8. BIBIJAN W/O LATE BASHEER AGED ABOUT 40 YEARS 9. AYEESHA D/O LATE BASHEER AGED ABOUT 19 YEARS 10. KHADEER BASHA S/O LATE BASHEER AGED ABOUT 16 YEARS RESPONDENTS NO. 10 IS MINOR REPRESENTED BY THEIR MOTHER RESPONDENT NO.8 AS NATURAL GUARDIAN 11. MUMUNNISA W/O AMMEER JAN AGED ABOUT 79 YEARS - 3 - HC-KAR NC: 2026:KHC:14898 MFA No. 5144 of 2015 ALL ARE RESIDING AT RAHAMATHNAGAR KOLAR-563101 12. THE MANAGER THE NEW INDIA ASSURANCE CO LTD BAGALUR MANSION, BIGBAZAR KOLAR-563101 …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2008 PASSED IN MVC NO.1554/2002 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE(SR.DN), ADDITIONAL MACT, KOLAR, AWARDING COMPENSATION OF Rs.3,29,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT 1. None appears for the appellant in the morning session as well as in the afternoon session. 2. This Court has ordered for issuance of notice on IA.No.1/2015 on 14.7.2015. However, till date the requisite process fee has not been paid despite the above appeal being listed before this Court on 2 occasions i.e., on 8.10.2021 and 7.12.2021 as well as on 4 occasions before the Registrar. - 4 - HC-KAR NC: 2026:KHC:14898 MFA No. 5144 of 2015 3. In view of the above, the appeal is dismissed for non prosecution. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 4