- 1 - HC-KAR NC: 2026:KHC:418-DB MFA No. 2656 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No.2656 OF 2023(MV-D) BETWEEN: 1. MANSOOR AHMED, S/O NISSAR AHMED, AGED ABOUT 51 YEARS, R/AT No.28, HORAPETE CIRCLE, RAJMAL SCHOOL, CHITRADURGA 577501. …APPELLANT (BY SRI MANSOOR AHMED, APPELLANT (ABSENT)) AND: 1. SMT. SHANTHAMMA, W/O MARANNA, AGED ABOUT 44 YEARS, HOUSEWIFE, 2. SRI MARANNA, S/O MUTTAIAH, AGED ABOUT 49 YEARS, BOTH ARE RESIDENTS OF MYSARAHATTI MAJURE, RAYAPURA VILLAGE, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:418-DB MFA No. 2656 of 2023 MOLAKALMURU TALUK, NOW R/O PELURAHATTI, CHITRADURGA TALUK AND DISTRICT, PIN 577501. 3. THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., UNIT 108, 109, 110 AND 111 1ST FLOOR, H. M. GENEVA HOUSE, CUNNINGHAM ROAD, No.14, BENGALURU 560058. …RESPONDENTS (BY SRI R. SHASHIDHARA, ADVOCATE FOR R1; SRI D. VIJAYAKUMAR, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.01.2023 PASSED IN MVC No.393/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HOLDING CONCURRENT CHARGE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS.16,22,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:418-DB MFA No. 2656 of 2023 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Learned counsel for the appellant has filed a memo seeking leave to retire from the case on behalf of the appellant. Along with the memo, retirement notice dated 25.11.2025 and the returned speed post cover are enclosed. The postal shara indicates that the addressee refused to receive the speed post cover. 2. Taking note of the above, we permit learned counsel Sri. Vijay Shetty B., to retire from the above case on behalf of the appellant. 3. The appellant has not made any alternate arrangement to represent him. 4. In the above circumstances, the appeal stands dismissed for non-prosecution. 5. Since Sri. D. Vijaya Kumar, learned counsel has filed vakalath for respondent No.3, the Registry is directed to - 4 - HC-KAR NC: 2026:KHC:418-DB MFA No. 2656 of 2023 delete the name of Sri. A.N. Krishna Swamy, learned counsel for respondent No.3. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 3