The High Court of Karnataka dismissed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act for non-prosecution after the appellant failed to appear at the final hearing.
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NC: 2026:KHC:50757 MFA No. 5414 of 2021
HC-KAR
CNR: KAHC010399712021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 5414 OF 2021
(MV-I)
BETWEEN:
MAHADEVAPPA,
S/O LATE MARIGOWDA,
AGED ABOUT 48 YERS,
R/O GODDANPAURA (MARALURU) VILLGE, CHATRA HOLBI, NANJANGUD TALUK, MSYURU DISTRICT – 571 201.
Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka
(BY SRI. MANJUNATH N. D., ADVOCATE)
…APPELLANT
AND:
S/O KALEGOWDA, AGED ABOUT 44 YEARS, R/AT HALLIDIIDDI VILALGE,
NC: 2026:KHC:50757 MFA No. 5414 of 2021
HC-KAR
CNR: KAHC010399712021
NANJANGUD TALUK,
MSYURU DISTRICT – 571 201.
…RESPONDENTS
(BY SRI. A. N. KRISHNA SWAMY., ADVOCATE FOR R-2;
R-1 IS D/W, V/O DATED 11.07.2025)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.04.2021, PASSED IN MVC.NO.409/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T. AT NANJANGUD, 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 MR. JUSTICE S RACHAIAH
HC-KAR
NC: 2026:KHC:50757 MFA No. 5414 of 2021
CNR: KAHC010399712021
ORAL JUDGMENT
The appeal is of the year 2021. Today, the matter is
listed for final hearing.
counsel for respondent No.2 is present.
for the appellant, it is appropriate to dismiss the appeal for non-prosecution.
Sd/(S RACHAIAH) JUDGE
NR/-
List No.: 1 Sl No.: 44
1 provisions across 1 enactments
Mahadevappa S/o Late Marigowda
Nagaraju S/o Kalegowda
New India Assurance Co. Ltd.
S Rachaiyah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
