- 1 - HC-KAR NC: 2026:KHC:34002-DB MFA No. 7014 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 7014 OF 2021 (MV-I) BETWEEN: BHARTI AXA GENERAL INSURANCE COMPANY LTD., NO.30, 3RD FLOOR, B.B.ROAD, HEBBAL, BANGALORE – 24. NOW REPRESENTED BY ITS MANAGER, M/S BHARTI AXA GENERAL, INSURANCE COMPANY LTD., HOSTO CENTER, 1ST FLOOR NO.43, MILLERS ROAD, VASANTH NAGAR, OPPOSITE TO IMPERIAL HOTEL, BANGALORE - 560 052. …APPELLANT (BY SRI. RAMAMURTHY.H.K., ADVOCATE [ABSENT]) AND: 1. KAVYA.S.M. D/O MOHAN.S.K., NOW AGED ABOUT 25 YEARS, R/A SHUKRUVARPETE, THONDAVALLI VILLAGE, VASTHRE POST, CHIKKAMAGALORE TQ & DISTRICT, (SINCE THE PETITIONER IS INADEQUATE MEMORY HENCE REPT BY HER FATHER AND NATURAL GUARDIAN, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:34002-DB MFA No. 7014 of 2021 SRI. MOHAN.S.K.) 2. B.D.SUNEEL KUMAR S/O DANAPPA, NO.12 II CROSS II MAIN, MOSQUE ROAD, MUNIYAPPA LAYOUT, BANGALORE -68. (R.C.OWNER OF MOTOR CYCLE REG NO. KA-51-EW-9381) …RESPONDENTS (BY SRI. SHRIPAD.V.SHASTRI., ADVOCATE FOR C/R1; NOTICE TO R2-DISPENSED WITH V/O/DTD: 22.12.2021) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.11.2020 PASSED IN MVC NO.501/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL.MACT, BENGALURU, (SCCH-1), AWARDING COMPENSATION OF RS.49,00,000/- WITH INTEREST AT 6 PERCENT P.A. ON RS.48,00,000/- FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) When the matter was listed on the last date of hearing, that is on 07.07.2026, the following order was passed: - 3 - HC-KAR NC: 2026:KHC:34002-DB MFA No. 7014 of 2021 “No one appears when the matter is called out. List the matter for dismissal on 07.07.2026.” 2. Today when the matter is called out, no one appears for the appellant / Insurance Company. 3. Shri Shripad V. Shastri, learned counsel appearing for the caveator / respondent No.1 is present. The appeal is dismissed for non-prosecution. 4. The amount in deposit before this Court shall be transferred to the Trial Court concerned, to enable the respondent to take steps to withdraw the same. Let the Trial Court Records be sent back to the concerned court within a fortnight. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS, List No.: 1 Sl No.: 17