- 1 - HC-KAR CNR: KAHC010272902017 NC: 2026:KHC:40118 MFA No. 2539 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2539 OF 2017(MV-I) BETWEEN: KUNTAIAH S/O JAVARAIAH, AGED ABOUT 51 YEARS, R/AT HOSAHALLI VILLAGE, NANJANGUD TALUK NOW R/AT C/O RAMESHA, UDIGALA, CHAMARAJNAGAR TALUK CHAMARAJNAGAR DISTRICT - 571 313. …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE (ABSENT)) AND: 1. SIDDARAJU S/O CHANNA NANJEGOWDA, R/A MUKTHI COLONY, BARAGI POST, GUNDLUPET TALUK CHAMARAJNAGAR DISTRICT - 571 330. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LTD., CHAMUNDIPURAM MYSURU DISTRICT - 570 001. …RESPONDENTS (BY SRI. S.V SUDHAKAR REDDY, ADVOCATE FOR R2 (ABSENT); Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010272902017 NC: 2026:KHC:40118 MFA No. 2539 of 2017 VIDE ORDER DATED 26.10.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.277/2011 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER OF MACT, CHAMARAJANAGARA, SITTING AT KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF 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 This appeal is filed by the injured claimant seeking enhancement of compensation. However, he has not turned up. 2. On 21.07.2026, the matter was listed under the caption "For Dismissal". Even today, there is no representation on his behalf. 3. It is for the appellant to prosecute the appeal with due diligence. However, he has failed to do so. - 3 - HC-KAR CNR: KAHC010272902017 NC: 2026:KHC:40118 MFA No. 2539 of 2017 Therefore, no purpose would be served by continuing the proceedings. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 25