- 1 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 5370 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5369 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 5371 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 5654 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 5655 OF 2015 (MV-I) IN MFA No. 5370/2014 BETWEEN: ASHRAF A.S. SON OF SULAIMAN, AGED ABOUT YEARS, RESIDENT OF NELLI HUDIKERI, SIDDAPURA, KODAGU DISTRICT-571218. …APPELLANT (BY SRI. HARISH GANAPATHY, ADVOCATE) AND: 1. HEMAVATHY WIFE OF RAVI NAIKA AGED 31 YEARS, RESIDENT OF PALLIDADKA HOUSE, BELAL VILLAGE, BELTHANGADY TALUK (D.K)-574214. 2. NARAYANA POOJARY AGED MAJOR, SON OF VENKAPPA POOJARY RESIDENT OF DHARMASHREE NILAYA, KUKKAVU MITHABAGILU VILLAGE, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS BELTHANGADY TALUK-574214. 3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., O-CODE-422801 IN FRONT OF TOWN HALL, 1ST FLOOR, MADIKERI-571201. …RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR RESPONDENT NO.3; NOTICE SERVED ON RESPONDENT NOS.1 AND 2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.7.2013 PASSED IN MVC NO.537/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELTHANGADY, D.K., AWARDING A COMPENSATION OF RS.4,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL PAYMENT. IN MFA NO. 5369/2014 BETWEEN: ASHRAF A.S. SON OF SULAIMAN, AGED ABOUT MAJOR, RESIDENT OF NELLI HUDIKERI, SIDDAPURA, KODAGU DISTRICT-571218. ...APPELLANT (BY SRI. HARISH GANAPATHY, ADVOCATE) AND: 1. SESAMMA WIFE OF SHIVAPPA NAIKA AGED 61 YEARS, RESIDENT OF PALLIDADKA HOUSE, BELAL VILLAGE, BELTHANGADY TALUK (D.K)-574214 2. NARAYANA POOJARY AGED MAJOR SON OF VENKAPPA POOJARY - 3 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS RESIDENT OF DHARMASHREE NILAYA, KUKKAVU MITHABAGILU VILLAGE, BELTHANGADY TALUK-574214. 3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., O-CODE 422801, IN FRONT OF TOWN HALL, 1ST FLOOR, MADIKERI. ...RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR RESPONDENT NO.3; NOTICE SERVED ON RESPONDENT NOS.1 AND 2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.7.2013 PASSED IN MVC NO.534/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELTHANGADY, D.K., AWARDING A COMPENSATION OF RS.5,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL PAYMENT. IN MFA NO. 5371/2014 BETWEEN: ASHRAF A.S. SON OF SULAIMAN, AGED ABOUT MAJOR YEARS, RESIDING AT HELLI HUDIKERI, SIDDAPURA, KODAGU DISTRICT-571218 ...APPELLANT (BY SRI. HARISH GANAPATHY, ADVOCATE) AND: 1. VASANTHA NAIKA SON OF SHEENA NAIKA, AGED 38 YEARS, RESIDING AT JANODI HOUSE, MITHABAGILU VILLAGE, BELTHANGADY TALUK (D.K)-574214. - 4 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS 2. NARAYANA POOJARY AGED MAJOR, SON OF VENKAPPA POOJARY, RESIDING AT DHARMASHREE NILAYA, KUKKAVU MITHABAGILU VILLAGE, BELTHANGADY TALUK-574214. 3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD, O-CODE 422801, IN FRONT OF TOWN HALL, 1ST FLOOR, MADIKERI-571201. ...RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE) NOTICE SERVED ON RESPONDENT NOS.2 AND 3 UNREPRESENTED THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.7.2013 PASSED IN MVC NO.535/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELTHANGADY, D.K., AWARDING A COMPENSATION OF RS.1,76,294/- WITH INTEREST @ 6% P.A ON RS.1,41,294/- FROM THE DATE OF PETITION TILL PAYMENT. IN MFA NO. 5654/2015 BETWEEN: ASHRAF A.S. SON OF SULAIMAN, AGED ABOUT YEARS, RESIDENT OF NELLI HUDIKERI, SIDDAPURA, KODAGU DISTRICT. ...APPELLANT (BY SRI. HARISH GANAPATHY.,ADVOCATE) AND: 1. SATHISH NAIKA SON OF SHIVAPPA NAIKA, AGED 33 YEARS, RESIDENT OF PALLIDADKA HOUSE, - 5 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS BELAL VILLAGE, BELTHANGADY TALUK (D.K) 2. NARAYANA POOJARY AGED MAJOR, SON OF VENKAPPA POOJARY, RESIDENT OF DHARMASHREE NILAYA, KUKKAVU MITHABAGILU VILLAGE, BELTHANGADY TALUK. 3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., O-CODE 422801 IN FRONT OF TOWN HALL, 1ST FLOOR, MADIKERI. ...RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR RESPONDENT NO.3; NOTICE SERVED ON RESPONDENT NOS.1 AND 2 AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.7.2013 PASSED IN MVC NO.533/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELTHANGADY, D.K., AWARDING A COMPENSATION OF RS.35,337/- WITH INTEREST 6 P.A FROM THE DATE OF PETITION TILL PAYMENT. IN MFA NO. 5655/2015 BETWEEN: ASHRAF A.S. SON OF SULAIMAN AGED ABOUT YEARS RESIDENT OF NELLI HUDIKERI SIDDAPURA KODAGU DISTRICT. ...APPELLANT (BY SRI. HARISH GANAPATHY, ADVOCATE) AND: 1. VIKAS SON OF RAVI NAIKA - 6 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS AGED 6 YEARS SINCE, MINOR REPRESENTED BY HIS NATURAL GUARDIAN / MOTHER HEMAVATHY WIFE OF RAVI NAIKA AGED ABOUT 31 YEARS RESIDENT OF PALLIDADKA HOUSE BELAL VILLAGE BELTHANGADY TALUK (D.K.) 2. NARAYANA POOJARY AGED MAJOR, SON OF VENKAPPA POOJARY RESIDENT OF DHARMASHREE NILAYA KUKKAVU, MITHABAGILU VILLAGE BELTHANGADY TALUK. 3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., O-CODE 422801 IN FRONT OF TOWN HALL 1ST FLOOR, MADIKERI. ...RESPONDENTS (NOTICE SERVED ON RESPONDENT NOS.1, 2 AND 3 AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.07.2013 PASSED IN MVC NO.536/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELTHANGADY, AWARDING A COMPENSATION OF RS.3,000/- WITH INTEREST @6% P.A FROM THE DATE OF PETITION TILL PAYMENT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 7 - HC-KAR CNR: KAHC010285322014 NC: 2026:KHC:52214 MFA No. 5370 of 2014 C/W MFA No. 5369 of 2014 MFA No. 5371 of 2014 AND 2 OTHERS ORAL JUDGMENT Learned counsel for respondent No.3 in MFA Nos.5370/2014, 5369/2014, 5371/2014 and 5654/2015 appeared through video conferencing. 2. None appears for appellant in all these appeals. Even on previous occasion, there was no appearance for appellant in all these appeals. Even, office objections raised in MFA Nos.5654/2015 and 5655/2015 are not complied. This would indicate that appellant is not diligent in prosecuting these appeals. 3. Hence, appeals are dismissed for non- prosecution. Sd/- (RAVI V HOSMANI) JUDGE HJ List No.: 1 Sl No.: 5