- 1 - HC-KAR CNR: KAHC010535012016 NC: 2026:KHC:36262 MFA No. 2633 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2633 OF 2016 (MV-I) BETWEEN: MR. ASHRAF S/O PALLIYABBA, AGED ABOUT 33 YEARS, R/AT BORU GUDDE HOUSE, KANNUR VILLAGE AND POST, MANGALURU TALUK, D.K. - 575 004. …APPELLANT (BY MR. ASHRAF - APPELLANT) AND: 1. MR. H.V. PURUSHOTHAM S/O H.R. VENAKTESH, AGED ABOUT 38 YEARS, R/AT D.NO.16-29-6, BANDAARA MANE, MUKKA, SURATHKAL, MAGNALURU TALUK, D.K.- 575 004. 2. THE MANAGER M/S. I.C.I.C.I LOBOARD INSURANCE CO.LTD., I.C.I.C.I. LABOARD HOUSE, 414, VEERA SURVER ROAD, SIDDI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI - 400 025. …RESPONDENTS (BY SRI. A.P. PULAKESHI, ADVOCATE FOR R1; SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010535012016 NC: 2026:KHC:36262 MFA No. 2633 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2016 PASSED IN MVC NO.751/2012 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Court notice issued to the appellant was received by his brother and he in turn, informed the same to the appellant herein on phone. But the appellant has not turned up. 2. This appeal is filed by the injured/claimant for enhancement of the compensation. Even after service of notice, the appellant has not turned up and not pursued the litigation with due diligence, as such no purpose is served in continuing the same. - 3 - HC-KAR CNR: KAHC010535012016 NC: 2026:KHC:36262 MFA No. 2633 of 2016 3. Accordingly, the appeal is dismissed for non- persecution. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 4