- 1 - HC-KAR CNR: KAHC010300262016 NC: 2026:KHC:48656 MFA No. 3908 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.3908 OF 2016(MV-I) BETWEEN: RAMESH S/O LATE SUNDER REP BY NEXT FRIEND MOTHER SHESHI, AGED ABOUT 68 YEARS "VAIDHYANATA KRIPA" R/O NEAR DANDA THIRTHA SCHOOL KAUP UDUPI TALUK & DISTRICT - 576 101. …APPELLANT (BY SMT.SAVITHA SHETTY ADVOCATE AND SRI THEJAS RAI K., ADVOCATE) AND: 1. LOKESH KOTIAN AGED ABOUT 42 YEARS S/O PADMANANABHA SUVARNA R/O "UMA NIVAS", CHITRAPU VILLAGE MULKI MANGALORE TALUK - 574 154. 2. THE UNITED INDIA INSURANCE CO. LTD., SHRI VITTAL, N H 17TH MAIN ROAD, SURATHKAL TALUK REP BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, SRI RAM ARCADE OPP HEAD OFFICE, UDUPI - 576 101. …RESPONDENTS (BY SRI A M VENKATESH, ADVOCATE FOR R2; NOTICE SERVED TO R1) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010300262016 NC: 2026:KHC:48656 MFA No. 3908 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2015 PASSED IN MVC NO.257/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for respondent no.2 is present. 2. None appears for appellant. 3. Even on previous occasion, i.e., on 03.09.2026 and 08.07.2025, there was no appearance for appellant. This would indicate that appellant is not diligently pursuing matter. Therefore, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 12