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2026 DAILYLAW 53135 (KAR)

DANAWWA v. THE MANAGING DIRECTOR

MFA/103953/2016 · 2026-01-31

K Manmadha Rao

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1273 MFA No. 103953 of 2016 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 103953 OF 2016 (MV-) BETWEEN: DANAWWA W/O IRAPPA YAKKUNDI AGE: 32 YEARS, OCC. COOLIE WORK, R/LO SHIRSANGI, TQ. SAUNDATTI, DIST. BELAGAVI. …APPELLANT (SMT. DANAWWA, APPELLANT-ABSENT) AND: THE MANAGING DIRECTOR, NORTH-WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD. THROUGH DEPOT MANAGER, KSRTC HALIYAL DEPOT. (OWNER & INTERNAL INSURER OF THE KSRTCF BUS BEARING REG. NO.KA-42/F-635) …RESPONDENT (BY SRI. I.C. PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.52,000/- TO RS.8,90,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE SENIOR CIVIL JUDGE AND ADDL. MACT AT RAMDURG DATED 05.04.2016 IN MVC NO.2226/2014 IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1273 MFA No. 103953 of 2016 ORAL ORDER Learned counsel for the appellant present and reiterated that the appellant has taken away the file along with NOC long back. Hence, learned counsel sought time to file memo of retirement. 2. This matter was earlier listed on 04.03.2025, and the learned counsel for the appellant had undertaken to file a memo for retirement. The matter has now come up with an office note indicating that the appellant has not filed the memo nor taken any steps to prosecute the appeal. Despite sufficient time being granted, no action has been taken by the appellant counsel and he has not filed memo for retirement. 3. Further, it is noticed that the appellant after taking NOC from the learned counsel has not engaged the services of another counsel. It appears that the appellant is not interested in prosecuting the appeal. - 3 - HC-KAR NC: 2026:KHC-D:1273 MFA No. 103953 of 2016 4. In view of the above, the appeal is dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 9