- 1 - HC-KAR NC: 2026:KHC:3287 MFA No. 5904 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5904 OF 2021(MV-I) BETWEEN: VINAY AGED ABOUT 43 YEARS S/O. SHARADA BAYI SIDDHI R/AT 3RD MAIN, 4TH CROSS VIJAYANAGARA TUMKUR CITY-572 122 …APPELLANT (BY SRI MUSHTAQ AHMED, ADVOCATE) AND: 1. MANJUNATHA T. H. AGED ABOUT 44 YEARS S/O. HUCHHAPPA R/AT 2ND FLOOR 3RD CROSS, ANUSHA NILAYA SHANTHINAGAR TUMKUR CITY-572 122 Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3287 MFA No. 5904 of 2021 2. THE MANAGER THE NATIONAL INSURANCE CO. LTD., KASTHURI MANSION ABOVE CORPORATION BANK M. G. ROAD, BEHIND KRISHNA TALKIES TUMKUR CITY-572 101 REP. BY ITS MANAGER …RESPONDENTS (BY SRI ASHOK N. PATIL, ADVOCATE FOR R-2; VIDE ORDER DATED 30/03/2023, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2019 PASSED IN MVC NO.738/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3287 MFA No. 5904 of 2021 ORAL ORDER No representation on appellant's side on call. Sri.Ashok N. Patil, learned counsel for respondent No.2 is present. On 07.01.2026 the following order was passed: "No representation on appellant's side on call. Sri.Ashok N. Patil, learned counsel for respondent No.2 is present. Having filed the appeal with a delay of more than 300 days, the appellant at-least would have been diligent in pursuing the matter by proper representation. But the appellant did not do so. However, to give fair opportunity, list on 21.01.2026. In case, the appellant fails to submit his contentions on that day, the appeal will be dismissed for non-prosecution." Even on passing the aforementioned order, the appellant did not chose to represent the matter. Hence, the appeal stands dismissed for non-prosecution. - 4 - HC-KAR NC: 2026:KHC:3287 MFA No. 5904 of 2021 Consequently, the proceedings in IA No.1/2021 are closed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 3