- 1 - HC-KAR NC: 2026:KHC:2611 MFA No. 3749 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 3749 OF 2021 (MV-I) BETWEEN: BOBY @ BOBY JOSEPH @ BABY NOW AGED 52 YEARS S/O JOSEPH R/O AALUNKAL, CHENGALAM EAST, KANJIRAMATTOM, VAIKOM, KOTTAYAM KERALA STATE - 686 585 NOW R/AT ARLA HOUSE KONAL POST AND VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 201 …APPELLANT (BY SRI. BOBY @ BOBY JOSEPH, APPELLANT (ABSENT)) AND: 1. SURESH M.K NOW AGED 39 YEARS, S/O GUDDAPPA GOWDA R/O KANADARA HOUSE 34-NEKKILADY VILLAGE, PUTTUR TALUK, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2611 MFA No. 3749 of 2021 DAKSHINA KANNADA DISTRICT - 574 201. 2. THE MANAGER THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, PRABHU BUILDING, OPP ARUNA TALKIES, MAIN ROAD, PUTTUR PUTTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 201. …RESPONDENTS (BY SMT. MANJULA N. TEJASWINI, ADVOCATE FOR R2; VIDE ORDER DATED 19.11.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2020 PASSED IN MVC NO.1586/2018 ON THE FILE OF THE COURT OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, XI D.K.MANGALURU, SITTING AT PUTTUR. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:2611 MFA No. 3749 of 2021 ORAL JUDGMENT Basing on the representation made across the bench on 19.11.2025 that learned counsel on record for the appellant is no more, this Court directed the Registry to send notice to the appellant. Notice was sent through Court. However, the notice could not be served as the party left the address as per the report of the Court Bailiff. 2. No representation on appellant's side on call. 3. It is the duty of the party who approaches the Court seeking particular relief to pursue the matter diligently. However, in the case on hand the appellant failed to turn up. Therefore, the appeal stands dismissed for non-prosecution. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 2