- 1 - HC-KAR NC: 2026:KHC:40118 MFA No. 2539 of 2017 CNR: KAHC010272902017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2539 OF 2017(MV-I) BETWEEN: KUNTAIAH S/O JAVARAIAH, AGED ABOUT 51 YEARS, R/AT HOSAHALLI VILLAGE, NANJANGUD TALUK NOW R/AT C/O RAMESHA, UDIGALA, CHAMARAJNAGAR TALUK CHAMARAJNAGAR DISTRICT - 571 313. …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE (ABSENT)) AND: Digitally signed 1. SIDDARAJU by S/O CHANNA NANJEGOWDA, PADMASHREE SHEKHAR R/A MUKTHI COLONY, DESAI BARAGI POST, Location: High GUNDLUPET TALUK Court of Karnataka CHAMARAJNAGAR DISTRICT - 571 330. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LTD., CHAMUNDIPURAM MYSURU DISTRICT - 570 001. …RESPONDENTS (BY SRI. S.V SUDHAKAR REDDY, ADVOCATE FOR R2 (ABSENT); - 2 - HC-KAR NC: 2026:KHC:40118 MFA No. 2539 of 2017 CNR: KAHC010272902017 VIDE ORDER DATED 26.10.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.277/2011 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER OF MACT, CHAMARAJANAGARA, SITTING AT KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT

This appeal is filed by the injured claimant seeking enhancement of compensation. However, he has not turned up. 2. On 21.07.2026, the matter was listed under the caption "For Dismissal". Even today, there is no representation on his behalf. 3. It is for the appellant to prosecute the appeal with due diligence. However, he has failed to do so. - 3 - HC-KAR NC: 2026:KHC:40118 MFA No. 2539 of 2017 CNR: KAHC010272902017 Therefore, no purpose would be served by continuing the proceedings. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 25

- 1 - HC-KAR NC: 2026:KHC:40118 MFA No. 2539 of 2017 CNR: KAHC010272902017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2539 OF 2017(MV-I) BETWEEN: KUNTAIAH S/O JAVARAIAH, AGED ABOUT 51 YEARS, R/AT HOSAHALLI VILLAGE, NANJANGUD TALUK NOW R/AT C/O RAMESHA, UDIGALA, CHAMARAJNAGAR TALUK CHAMARAJNAGAR DISTRICT - 571 313. …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE (ABSENT)) AND: Digitally signed 1. SIDDARAJU by S/O CHANNA NANJEGOWDA, PADMASHREE SHEKHAR R/A MUKTHI COLONY, DESAI BARAGI POST, Location: High GUNDLUPET TALUK Court of Karnataka CHAMARAJNAGAR DISTRICT - 571 330. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COMPANY LTD., CHAMUNDIPURAM MYSURU DISTRICT - 570 001. …RESPONDENTS (BY SRI. S.V SUDHAKAR REDDY, ADVOCATE FOR R2 (ABSENT); - 2 - HC-KAR NC: 2026:KHC:40118 MFA No. 2539 of 2017 CNR: KAHC010272902017 VIDE ORDER DATED 26.10.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.277/2011 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER OF MACT, CHAMARAJANAGARA, SITTING AT KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT

This appeal is filed by the injured claimant seeking enhancement of compensation. However, he has not turned up. 2. On 21.07.2026, the matter was listed under the caption "For Dismissal". Even today, there is no representation on his behalf. 3. It is for the appellant to prosecute the appeal with due diligence. However, he has failed to do so. - 3 - HC-KAR NC: 2026:KHC:40118 MFA No. 2539 of 2017 CNR: KAHC010272902017 Therefore, no purpose would be served by continuing the proceedings. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 25