- 1 - HC-KAR NC: 2026:KHC:28702 MFA No. 8301 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8301 OF 2014 (MV-I) BETWEEN: MR XAVIER DIAS AGED ABOUT 38 YEARS, S/O MARCK DIAS, R/AT ARASIKATTE HOUSE, SHANKARPURA, KUKALU VILLAGE, UDUPI TALUK 574201. APPELLANT (BY SRI. MAMATHA SHETTY.,ADVOCATE) AND: 1. MR RAVINDRA ACHARYA AGED ABOUT 42 YEARS, S/O SRI. ACHUTHA ACHARYA MANAGING PARTNER, S.K.V.P. WOOD INDUSTRIES, KATAPADI, UDUPI - 574201. 2. THE NEW INDIA INSURANCE COMPANY LTD 2ND FLOOR, SRI. RAM ARCHADE, HEAD POST OFFICE ROAD, UDUPI TALUK - 574201. RESPONDENTS (BY SMT. MAMATHA SHETTY., ADVOCATE FOR SRI. B.C SEETHARAMA RAO., ADVOCATE FOR R2; Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28702 MFA No. 8301 of 2014 V/O DTD 29.01.2015 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.03.2014 PASSED IN MVC NO.156/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT On 03.03.2026 it was stated that learned counsel for the appellant pays time for taking steps against deceased sole appellant. It was observed that appeal already abated as sole appellant was died long back and directed to take steps within two weeks as a last chance. 2. On 12.03.2026 learned counsel for the appellant himself stated that he obtained details of the legal representatives of the deceased appellant and requested for a short accommodation and the matter was posted as a final chance. - 3 - HC-KAR NC: 2026:KHC:28702 MFA No. 8301 of 2014 3. Again on 15.04.2026 the conditional order was passed to take steps within four weeks, otherwise it was observed that appeal stands dismissed. 4. In view of the conditional order has the applicant failed to take necessary steps even after granting more than sufficient opportunity, the appeal is devoid of merits. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 3