- 1 - HC-KAR CNR: KAHC010537872017 NC: 2026:KHC:37413-DB MFA No.232 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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.232 OF 2017 (MV-D) BETWEEN: SMT. HEMAVATHI, W/O JAYANNA.S, AGED ABOUT 45 YEARS, R/AT: 15TH CROSS, SIT EXTENSION, TUMKAKURU-571 101. …APPELLANT [BY SRI.CHETHAN B., ADVOCATE (ABSENT)] AND: 1. K.R.HEMALATHA, W/O LATE G.V.RAMESH, AGED ABOUT 35 YEARS, 2. KUSHAL PRASAD, S/O LATE G.V.RAMESH, AGED ABOUT 13 YEARS 3. NISCHALPRASAD, S/O LATE G.V.RAMESH, AGED ABOUT 10 YEARS, R2 & R3 ARE MINORS, REP. BY NATURAL GUARDIAN R1. 4. NAGAMMA.N, W/O G.N.VISHWANATH, AGED ABOUT 71 YEARS, Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010537872017 NC: 2026:KHC:37413-DB MFA No.232 of 2017 ALL ARE R/AT: BETERAYASWAMY TEMPLE STREET, GUBBI TOWN-571 101. 5. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., PRESTIGE CORRICHE, NO.62/1, 2ND FLOOR, RICHMOND ROAD, NEAR ICICI TOWERS, BENGALURU-560 001. 6. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE, EASTWING, 5TH FLOOR, NO.28, CENTENARY BUILDING, M.G.ROAD, BENGALURU-560 001. …RESPONDENTS [BY SRI.PATEL D KAREGOWDA, ADVOCATE FOR R1 TO R4; SRI.P.S.JAGADISH, ADVOCATE FOR R5; SRI.HOLEBASAPPA C. BETSUR, ADVOCATE FOR R6] THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.10.2016 PASSED IN MVC NO.527/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, GUBBI, AWARDING COMPENSATION OF RS.37,05,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR CNR: KAHC010537872017 NC: 2026:KHC:37413-DB MFA No.232 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) When the matter was last listed, the following order was passed: “Despite the matter being called out twice, no one appears for the appellant. List for dismissal on 21.07.2026.” 2. Despite the matter being called out twice, no one appears for the appellant today also. Learned Counsel for the respondents are present. The appeal is dismissed for non- prosecution. 3. Let the trial Court records be sent back to the concerned Tribunal. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KSR List No.: 1 Sl No.: 13