- 1 - HC-KAR NC: 2026:KHC:35293 MFA No. 798 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 798 OF 2015 (MV-I) BETWEEN: SRI KRISHNA NAIK S/O RAMA NAIK, AGED ABOUT 54 YEARS, R/O B.T.LALITHA NAIK EXTN., CHIKKEGOWDANADODDI, MANDYA CITY. …APPELLANT (BY SRI. BHARATI PATIL L., ADVOCATE (ABSENT)) AND: 1. A.N.LAKSHMINARYANA S/O A.R.NAGARAJ, MAJOR, R/AT NO.N.S.279, HEAD POST OFFICE ROAD, SRIRANGAPATTANA, MANDYA DISTRICT-571438. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO.LTD., NO.73, 1ST FLOOR, NAZARBAD ROAD, MADHWESH COMPLEX, MYSORE-570010. …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVCOATE FOR R2 R1 - IS SERVED AND UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35293 MFA No. 798 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2013 PASSED IN MVC NO.33/2008 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MACT, MANDYA, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the respondents is present and stated that the claim petition is dismissed on the ground that there was change in the date of accident and thus he is ready to prove the date of accident. Aggrieved by the said order he preferred an appeal but he did not turn up on the previous occasions. Even today he is absent and not evinced any interest to prosecute the case. Considering the arguments of the respondents counsel and also on perusal of the records this Court finds that there are no merits in the appeal. Therefore, appeal is dismissed confirming the order of the Tribunal. Sd/- (P SREE SUDHA) JUDGE BVK; List No.: 1 Sl No.: 11