- 1 - HC-KAR CNR: KAHC010399712021 NC: 2026:KHC:50757 MFA No. 5414 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 5414 OF 2021 (MV-I) BETWEEN: MAHADEVAPPA, S/O LATE MARIGOWDA, AGED ABOUT 48 YERS, R/O GODDANPAURA (MARALURU) VILLGE, CHATRA HOLBI, NANJANGUD TALUK, MSYURU DISTRICT – 571 201. …APPELLANT (BY SRI. MANJUNATH N. D., ADVOCATE) AND: 1. NAGARAJU, S/O KALEGOWDA, AGED ABOUT 44 YEARS, R/AT HALLIDIIDDI VILALGE, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010399712021 NC: 2026:KHC:50757 MFA No. 5414 of 2021 NANJANGUD TALUK, MSYURU DISTRICT – 571 201. 2. NEW INDIA ASSURANCE CO. LTD., 3RD CROSS, R P ROAD, NANJANAGUD TOWN REP. BY MANGER. …RESPONDENTS (BY SRI. A. N. KRISHNA SWAMY., ADVOCATE FOR R-2; R-1 IS D/W, V/O DATED 11.07.2025) ---- THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2021, PASSED IN MVC.NO.409/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T. AT NANJANGUD, 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 MR. JUSTICE S RACHAIAH - 3 - HC-KAR CNR: KAHC010399712021 NC: 2026:KHC:50757 MFA No. 5414 of 2021 ORAL JUDGMENT The appeal is of the year 2021. Today, the matter is listed for final hearing. 2. None appears for the appellant. However, learned counsel for respondent No.2 is present. 3. Considering the non-appearance of learned counsel for the appellant, it is appropriate to dismiss the appeal for non-prosecution. 4. Ordered, accordingly. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 44