- 1 - HC-KAR CNR: KAHC010355062023 NC: 2026:KHC:45891 MFA No. 4790 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 4790 OF 2023 (MV-I) BETWEEN: MANI L.K. W/O SHAMBULINGEGOWDA.S, AGED ABOUT 49 YEARS, 196, HOUSING BOARD ROAD, BESIDE CHANNEL BRIDGE, BEERANAHALLI LAKE, HASSAN CITY, HASSAN – 573 201 …APPELLANT (BY SMT. SHARADAMBA A.R, ADVOCATE) AND: 1. SAMBEGOWDA S/O NINGEGOWDA MAJOR CHIKKABOMMANAHALLI VILLAGE, KONANURU HOBLI, ARAKALGUD TALUK, HASAN DISTRICT – 573 201 BIKE OWNER BEARING NO.KA-13-ED-9340 2. THE MANAGER, UNITED INDIA INSURANCE CO LTD VENKATESHWARA BUILDING B.M.ROAD, HASSAN CITY HASSAN – 573 201 …RESPONDENTS (BY SMT. MANJULA. N. TEJASWI, ADVOCATE FOR R2; V/O DATED 09.06.2026, APPEAL AGAINST R1- STANDS ABATED) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010355062023 NC: 2026:KHC:45891 MFA No. 4790 of 2023 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.05.2022 PASSED IN MVC NO.522/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed challenging the Judgment and award dated 04.05.2022, passed by the II Addl. District and Sessions Judge, MACT, Hassan, in MVC No.522/2018. 2. Under the impugned Judgment and Award, the Tribunal dismissed the claim petition filed under Section 166 of the Motor Vehicles Act, 1988. 3. During the pendency of the appeal, the owner cum rider of the motorcycle i.e., respondent No.1 reported to be dead. However, as per the order dated 09.06.2026, on the submission of learned counsel for the appellant that - 3 - HC-KAR CNR: KAHC010355062023 NC: 2026:KHC:45891 MFA No. 4790 of 2023 he had no instructions regarding who are the legal heirs of respondent No.1, the appeal against respondent No.1 was abated. 4. In view of dismissal of claim petition, even the appeal to be considered in the absence of the insured, there cannot be any liability fastened on the Insurer. In that view of the matter, the appeal stands abated in its entirety, in view of non-brining of legal representatives of deceased respondent No.1 – the owner cum rider of the motorcycle. Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 20