- 1 - HC-KAR CNR: KAHC010515402015 NC: 2026:KHC:53220 MFA No. 5823 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.5823 OF 2015(MV-I) BETWEEN: SRI. SHIVANANJEGOWDA @ SHIVANANJA S/O LATE CHANDREGOWDA AGED ABOUT 30 YEARS R/AT ABBUR VILLAGE KONANUR HOBLI ARKALGUD TALUK HASSAN DISTRICT 23 NOW RESIDING AT: HOUSING BOARD COLONY HOLENARASIPURA TOWN HASSAN DISTRICT - 23. …APPELLANT (BY SRI. PRATHEEP K C.,ADVOCATE) AND: 1. SRI H K PUNITH S/O KRISHNEGOWDA AGED ABOUT 23 YEARS R/AT HONNAGANAHALLI VILLAGE KONANUR HOBLI ARKALGUD TALUK HASSAN DISTRICT - 23. 2. KRISHNEGOWDA S/O MUDLAGIRIGOWDA AGED ABOUT 48 YEARS HONNAGANAHALLI VILLAGE KONANUR HOBL Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010515402015 NC: 2026:KHC:53220 MFA No. 5823 of 2015 ARKALGUD TALUK HASSAN DISTRICT - 23. 3. THE BRANCH MANAGER ROYAL SUNDARAM ALLIANZ INSURANCE CO LTD., NO.186/7, RAGHAVENDRA PLAZA IST CROSS, WILSON GARDEN HOSUR MAIN ROAD BANGALORE - 27. …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R3; R1 AND R2 - NOTICE SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2015 PASSED IN MVC NO.1772/2012 ON THE FILE OF THE SENIOR CIVIL JDUE, MACT, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Perusal of order sheet dated 02.04.2024, reveals that Sri O. Mahesh, learned counsel for respondents on instructions, submitted that there was settlement between claimant and owner of offending vehicle and pursuit of this appeal was futile. - 3 - HC-KAR CNR: KAHC010515402015 NC: 2026:KHC:53220 MFA No. 5823 of 2015 2. In view of said submission, this Court had directed an affidavit to be filed by claimant. Affidavit was not filed in time. On 15.09.2026, further time was granted till today. 3. Learned counsel for appellant today submits that despite best efforts to secure instructions from claimant, he was unsuccessful. 4. In view of above and since it was cautioned that in case of failure to file affidavit, adverse inference would be drawn, this Court has no other go than to draw adverse inference about claimant having settled his claim with owner of vehicle and dismiss present appeal as futile. Accordingly, appeal is dismissed. Sd/- (RAVI V HOSMANI) JUDGE RL List No.: 1 Sl No.: 15