- 1 - HC-KAR NC: 2026:KHC:30220-DB MFA No. 4089 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 4089 OF 2021 (MV-D) BETWEEN: 1. SHIVAMURTHY S/O LATE APPAJINAYAKA @ APPAJI @ SHIVANNA AGED ABOUT 29 YEARS. 2. SHANKARA S/O LATE APPAJINAYAKA @ APPAJI @ SHIVANNA AGED ABOUT 23 YEARS. APPELLANT NO. 1 AND 2 ARE RESIDENTS OF NO. 120 SAHUKAR HUNDI VILLAGE MARATIKYATHANAHALLI POST YELWALA HOBLI MYSURU TALUK AND DISTRICT - 570 026. 3. SMT. MAHADEVAMMA W/O MANJU AGED ABOUT 37 YEARS R/AT HOSABEEDI DODDAKATOORU GRAMA JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT - 570 008. …APPELLANTS (BY SRI MOHAN RAJ, ADVOCATE FOR SRI NATESH KUMAR A.B.,ADVOCATE) Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30220-DB MFA No. 4089 of 2021 AND: 1. GIRISHA S/O MOODALAIAH AGED ABOUT 30 YEARS R/AT SUGGANAHALLI VILLAGE KODAVATHI, KUNIGAL TALUK TUMKUR DISTRICT (DRIVER OF THE MARUTHI CELERIO CAR BEARING REG. NO. KA-05-AG-3861). 2. M. K. CHANDRASHEKAR S/O KRISHNAPPA R/AT NO.48, 1ST MAIN 1ST CROSS, SHANKARNAG CIRCLE SRINIVASANAGARA BENGALURU-560 050 (OWNER OF THE MARUTHI CELERIO CAR BEARING REG.NO. KA-05-AG-3861). 3. THE MANAGER NATIONAL INSURANCE COMPANY LTD., RAMASWAMY CIRCLE MYSURU CITY – 570 005 AND ALSO REGIONAL OFFICE AT: NATIONAL INSURANCE CO.LTD., SHUBHARAM COMPLEX 2ND FLOOR, NO.144 M.G.ROAD, BENGALURU 560 001 REP. BY ITS REGIONAL MANAGER. (INSURER OF THE MARUTHI CELERIO CAR BEARING REG.NO.KA-05-AG-3861 VIDE POLICTY NO. 35101031166339312555 VALID FROM 10.01.2017 TO 19.01.2018) …RESPONDENTS (BY SRI H.S.LINGARAJ., ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2019 PASSED IN MVC NO.1409/2017 ON THE FILE OF THE JUDGE, PRINCIPAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENT - 3 - HC-KAR NC: 2026:KHC:30220-DB MFA No. 4089 of 2021 CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING 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 MR. JUSTICE JAYANT BANERJI AND HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This appeal is listed for dismissal. 2. When this appeal was last listed on 08.06.2026, the following order was passed: “Despite the case has been called twice, no one appears for the appellant. List this appeal on 18.06.2026 for dismissal.” 3. Today, an Advocate by name Sri. Mohan Raj, appears online (video screen shows the name as ‘Disha D’.) and seeks for an adjournment on the ground that the arguing counsel is not available. However, since the case is listed for dismissal, we declined to adjourn the case and asked the counsel to proceed. The counsel expressed his inability. - 4 - HC-KAR NC: 2026:KHC:30220-DB MFA No. 4089 of 2021 4. It is noted from perusal of the order sheet that, on repeated occasions the counsel for the appellant has not appeared and whenever appeared, he sought an adjournment. 5. Under the circumstances, this appeal is dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KGR List No.: 1 Sl No.: 16