- 1 - HC-KAR NC: 2026:KHC:4752 MFA No. 5048 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5048 OF 2013 (MV) BETWEEN: RAJARAM KHARVI AGED ABOUT 37 YEARS, S/O PANDURANGA KHARVI, R/O MAYYALANA MANE, UPPUNDA VILLAGE, KUNDAPURA TALUK, POST TAHARAPATHI-576 232 …APPELLANT (BY SRI. YOGESH KUMAR U S., ADVOCATE AND SRI. SUKESH .K, ADVOCATE(ABSENT)) AND: 1. K KRISHAN KHARVI AGED ABOUT 35 YEARS, S/O SUBRAMANYA KHARVI, R/O DURGADAS NILYA, TARAPATHI, UPPUNDA VILLAGE-576 232. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, VISHNU PRAKASH, II FLOOR, COURT ROAD, UDUPI-576 200. …RESPONDENTS (BY SRI. H. JAYANTH POOJARY, ADVOCATE FOR R1, SRI. M.P. SRIKANTH, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4752 MFA No. 5048 of 2013 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.03.2013 PASSED IN MVC NO.815/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, DISMISSING THE PETITION FOR COMPENSATION. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Though matter is listed under the caption ‘for dismissal’ and also passed over till afternoon, there is no representation. As the case pertains to the year 2013 and as the claimant is not interested to pursue the litigation with due diligence, no purpose would be served in continuing the same. Therefore, this appeal is dismissed for non prosecution. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 47