- 1 - HC-KAR NC: 2026:KHC:5274 MFA No. 9177 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9177 OF 2013 (MV-I) BETWEEN: SRI. SWAMY S/O KEMPANAYAKA AGED ABOUT 27 YEARS, R/O KYTHANAHALLI VILLAGE, JANATHA COLONY, KASABA HOBLI PANDAVAPURA TALUK, MANDYA DISTRICT. …APPELLANT (BY SRI. K.S. NARAYANA SWAMY, ADVOCATE) AND: 1. BABU REDDY T S/O M.K. THYAGARAJU AGED: MAJOR R/O NO. 2/2, DAMODAR MOODALIAR STREET 1ST CROSS, ULSOOR - 560 038, BANGALORE OWNER OF THE LORRY BEARING REG.NO. KA-05-A-3276. 2. THE MANAGER ICICI LOMBARD MOTOR INSURANCE COMPANY LIMITED, BRANCH OFFICE AT MAITHRI ARCADE, KANTHARAJA URS ROAD SARASWATHIPURAM - 570 009, MYSORE. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5274 MFA No. 9177 of 2013 …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2; VIDE ORDER DATED 11.12.2020, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.07.2013 PASSED IN MVC NO.507/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is absent. 2. Learned counsel for respondent No.2 is present. 3. Even after listing the matter under the caption “for dismissal,” the appellant did not turn-up and has failed to prosecute the appeal with due diligence. As such, no purpose is served in continuing the proceedings. The appeal is dismissed for non-prosecution. Sd/- (P SREE SUDHA) JUDGE AMA/List No.: 1 Sl No.: 48