- 1 - HC-KAR CNR: KAHC010403842022 NC: 2026:KHC:36507-DB MFA No. 6169 of 2022 C/W MFA No. 111 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 6169 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 111 OF 2022 (MV-D) IN MFA No.6169/2022: BETWEEN: 1. RAVIKUMAR @ RAVI M AGED ABOUT 30 YEARS S/O MALEGOWDA (RIDER OF MOTORCYCLE BEARING NO.KA-09-EQ-0927) 2. MALLEGOWDA AGED ABOUT 55 YEARS S/O KOTTHANA MALLEGOWDA (OWNER OF MOTORCYCLE BEARING NO.KA-09-EQ-0927) BOTH ARE RESIDING AT D.NO.238, HUYILALU VILLAGE NAGAWALA POST, YELWALA HOBLI MYSURU TALUK & DISTRICT – 570 004. …APPELLANTS (BY SRI. THANISH C REDDY, ADVOCATE FOR SRI. ABHINAV RAMANAND, ADVOCATE) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR CNR: KAHC010403842022 NC: 2026:KHC:36507-DB MFA No. 6169 of 2022 C/W MFA No. 111 of 2022 AND: 1. CHANDRA S/O SHIVALINGE GOWDA DEAD REPRESENTED BY HIS LEGAL HEIRS SRI. SHIVALINGEGOWDA AGED ABOUT 58 YEARS S/O LATE MALLEGOWDA 2. SMT. LAKSHMAMMA AGED ABOUT 46 YEARS W/O SHIVALINGEGOWDA 3. SMT. BHAGYA AGED ABOUT 34 YEARS W/O SWAMY D/O SHIVALINGEGOWDA 4. SRI. MALLESHA AGED ABOUT 27 YEARS S/O SHIVALINGEGOWDA R/AT HUYILALU VILLAGE YELWALA HOBLI MYSURU TALUK & DISTRICT – 571 130. 5. THE DIVISIONAL CONTROLLER/ DIVISIONAL MANAGER K.S.R.T.C. DEPOT NO.1 RURAL DIVISION BANNIMANTAP MYSURU – 570 015. …RESPONDENTS (BY SRI. H.V.BHANU PRAKASH., ADVOCATE FOR R1 TO R4; SRI. D.VIJAYAKUMAR, ADVOCATE FOR R5) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO a) SET ASIDE THE JUDGMENT AND AWARD DATED 15.02.2020 AGAINST THE PETITIONERS HEREIN AND BY DISMISS THE CLAIM RESPONDENT NOS.1 TO 4 HEREIN IN MVC - 3 - HC-KAR CNR: KAHC010403842022 NC: 2026:KHC:36507-DB MFA No. 6169 of 2022 C/W MFA No. 111 of 2022 NO.492/2016 ON THE FILE OF THE JUDGE, PRL. COURT OF SMALL CAUSES, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU; b) GRANT COSTS. IN MFA NO.111/2022: BETWEEN: 1. CHANDRA S/O SHIVALINGE GOWDA DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES SRI. SHIVALINGEGOWDA S/O LATE MALLEGOWDA AGED ABOUT 57 YEARS 2. SMT. LAKSHMAMMA W/O SHIVALINGEGOWDA AGED ABOUT 46 YEARS 3. SMT. BHAGYA W/O SWAMY AGED ABOUT 33 YEARS RESIDING AT MOOGANAHUNDI VILLAGE RAYANAKERE POST, JAYAPURA HOBLI, MYSURU TALUK – 570 008 4. SRI. MALLESHA S/O SHIVALINGEGOWDA AGED ABOUT 26 YEARS 1, 2 & 4 ARE RESIDING AT HUYILALU VILLAGE YELWALA HOBLI MYSORE TALUK MYSORE DISTRICT – 571 130. ...APPELLANTS (BY SRI. BHANU PRAKASH H V, ADVOCATE - ABSENT) - 4 - HC-KAR CNR: KAHC010403842022 NC: 2026:KHC:36507-DB MFA No. 6169 of 2022 C/W MFA No. 111 of 2022 AND: 1. THE DIVISIONAL CONTROLLER/ DIVISIONAL MANAGER K.S.R.T.C. DEPOT NO.1 RURAL DIVISION BANNIMANTAP MYSURU – 570 015. 2. RAVIKUMAR @ RAVI M S/O MALEGOWDA AGED ABOUT 30 YEARS 3. MALLEGOWDA S/O KOTTHANA MALLEGOWDA AGED ABOUT 55 YEARS RESPONDENT NOS.2 & 3 ARE RESIDING AT D.NO.238, HUYILALU VILLAGE, YELWALA HOBLI, MYSURU TALUK, MYSORE DISTRICT – 571 130. ...RESPONDENTS (BY SRI. VIJAYA KUMAR D, ADVOCATE FOR R1; SRI. THANISH C REDDY, ADVOCATE FOR SRI. ABHINAV RAMANAND, ADVOCATE FOR R2 & R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 15.02.2020 PASSED IN MVC NO.492/2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AT MYSURU (IN THE COURT OF PRINCIPAL JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE AT MYSURU). THESE MFAs COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010403842022 NC: 2026:KHC:36507-DB MFA No. 6169 of 2022 C/W MFA No. 111 of 2022 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) 1. When the matter was last listed, the following order was passed: “Learned Counsel for the appellants in MFA No.6169/2022 prays for and is granted three weeks’ time to file duly attested translated copies of the documents/depositions on record supported by an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment) failing which the appeal will be dismissed on the next date of listing. If the translations are filed, list this matter along with the connected matters on 16.07.2026. Learned counsel for the appellants also states that he has not received a copy of I.A.No.1/2024 that is filed for withdrawal and transfer of amount through RTGS. Learned counsel for the appellants seeks an adjournment to enable him to file objections. He may do so by the next date of hearing.” 2. Today, a proxy counsel for the learned counsel for the appellants is present who states that the appellants, despite the efforts made to contact them, are not responding and therefore, the learned counsel for the appellants has no instructions in the matter. - 6 - HC-KAR CNR: KAHC010403842022 NC: 2026:KHC:36507-DB MFA No. 6169 of 2022 C/W MFA No. 111 of 2022 3. In that view of the matter, the appeals are dismissed for non-prosecution. 4. This order has been passed in the presence of Sri.D. Vijaya Kumar, learned counsel for the Insurance Company. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 17