- 1 - HC-KAR CNR: KAHC010318492017 NC: 2026:KHC:53287 MFA No. 4439 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 4439 OF 2017 (MV-I) BETWEEN: SRI. NIRANJAN MURTHY G S/O GOVINDAPPA, AGED ABOUT 54 YEARS, R/AT GUNJIGANUR VILLAGE, B.DURGA HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 518. …APPELLANT (BY SRI. VIJAYAKUMAR G. BAGOJI, ADVOCATE (ABSENT)) AND: 1. MR. G.R. NITYANANAD SWAMY S/O LATE RAMACHANDRAPPA, AGED ABOUT 67 YEARS, LAND LORDS, BANAGERE VILLAGE, B. DURGA HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 518. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., OPPOSITE TO BAPUJI AUDITORIUM, M C C 'B' BLOCK, DAVANAGERE, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 002, POLICY NO.39010231146202839 VALID FROM 07.11.2014 TO 06.11.2015 …RESPONDENTS (BY SRI. R. JAIPRAKASH, ADVOCATE FOR R2; R1 - NOTICE SERVED AND UNREPRESENTED) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010318492017 NC: 2026:KHC:53287 MFA No. 4439 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2017 PASSED IN MVC NO.1265/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLALKERE, AWARDING COMPENSATION OF RS.1,72,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF THE FILING OF THIS PETITION TILL THE REALIZATION. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT A memo for retirement was filed on 21.10.2024 along with notice of retirement and acknowledgment of service. Postal track report indicates that item was delivered on addressee on 19.10.2024. 2. Despite lapse of sufficient time, appellant has neither appeared nor engaged counsel. This would indicate that appellant is not diligently pursuing appeal. Memo for retirement is accepted. Appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE VS List No.: 1 Sl No.: 4