- 1 - HC-KAR CNR: KAHC010256632019 NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.5765 OF 2019(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.5767 OF 2019(MV-I) IN MFA NO.5765/2019: BETWEEN: VISHWARADHYA S/O LATE SRIKANTHA RADHYA AGED ABOUT 71 YEARS R/O 1ST BLOCK, NEAR CIVIL BUS STAND MADHUGIRI TOWN, MADHUGIRI. (OWNER OF VEHICLE BUS BY NAME VIJAYANANDHI BEARING REG NO.KA-51-A-3944) …APPELLANT [BY SRI VINAY S., ADVOCATE AND SRI C.LAKSHMINARAYAN, ADVOCATE (AB)] AND: 1. CHANDRAMMA W/O LATE HANUMAIAH AGED ABOUT 32 YEARS R/A RAGHAVENDRA COLONY MADHUGIRI TOWN MADHUGIRI. 2. KIRAN KUMAR S/O LATE HANUMAIAH AGED ABOUT 12 YEARS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010256632019 NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019 3. M H LAKSHMI D/O LATE HANUMAIAH AGED ABOUT 9 YEARS RESPONDENTS NO.2 & 3 ARE MINORS AND ARE REPRESENTED BY THEIR NATURAL GUARDIAN 1ST RESPONDENT MOTHER- CHANDRAMMA 4. LAKSHMAMMA W/O LATE NARASIMHAIAH AGED ABOUT 71 YEARS RESPONDENT NO.1 TO 4 ARE R/A RAGHAVENDRA COLONY MADHUGIRI TOWN, MADHUGIRI. 5. THE MANAGER THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE 1ST FLOOR, TUMAKURU SHOPPING COMLEX B H ROAD, TUMAKURU TOWN. (POLICY NO.6723131120100011123 VALID FROM 19.11.2012 TO 18.11.2013) …RESPONDENTS (BY SRI VIJAY KUMAR T., ADVOCATE FOR R1 TO R3; SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R5 V/C/O DTD 16.11.2023; R1-R3 ARE LRs OF DECEASED R4] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED06.06.2019 PASSED IN MVC NO.104/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, MADHUGIRI, AWARDING COMPENSATION OF RS.12,90,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 3 - HC-KAR CNR: KAHC010256632019 NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019 IN MFA NO.5767/2019: BETWEEN: VISHWARADHYA S/O LATE SRIKANTHA RADHYA AGED ABOUT 71 YEARS R/O 1ST BLOCK, NEAR CIVIL BUS STAND MADHUGIRI TOWN, MADHUGIRI. (OWNER OF VEHICLE BUS BY NAME VIJAYANANDHI BEARING REG NO.KA-51-A-3944) …APPELLANT [BY SRI VINAY S., ADVOCATE] AND: 1. MR.NANDEESH S/O LINGAPPA, AGED ABOUT 38 YEARS, R/O SEEGEPALYA, KOLALA HOBLI, KORATAGERE TALUK. 2. THE MANAGER THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE, 1ST FLOOR, B.H.ROAD, TUMAKURU SHOPPING COMLEX, TUMAKURU TOWN. …RESPONDENTS [BY SRI SHANTHARAJ K., ADVOCATE FOR R1 SRI E.I.SANMATHI, ADVOCATE FOR R2] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2019 PASSED IN MVC NO.90/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL - 4 - HC-KAR CNR: KAHC010256632019 NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019 JUDGE & MACT XIII, MADHUGIRI, AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for respondents is present. 2. None appears for appellant-owner. Even on previous occasion, noting continued absence, matter was listed for dismissal. Continued absence would indicate that appellant is not diligently pursuing appeal. Appeal is dismissed for non- prosecution. 3. Amount in deposit is ordered to be transmitted to Tribunal for disbursal. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 20