IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101250 OF 2022 (MV-I)

BETWEEN:

KALLOLEPPA @ KALLAPPA S/O. PUNDALIK BACHANNAVAR, AGE: 29 YEARS, OCC: DRIVER & AGRI. NOW NIL, R/O. MAKKALAGERI, TQ: GOKAK, DIST: BELAGAVI.

…APPELLANT (BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)

AND

1. DHAREPPA S/O. LAXMAPPA KARAYAPPANAVAR, AGE: 49 YEARS, OCC: BUSINESS & AGRICULTURE, R/O. MELAVANKI, TQ: GOKAK-591218, GIRIJA A.

BYAHATTI (OWNER OF MOTORCYCLE BEARING REG.NO.KA-49/K-1944)

Digitally signed by GIRIJA A. BYAHATT I L C o O c U at R io T n O : F HIGH KARNATAKA DHARWAD BENCH DHARWAD 2. THE RELIANCE GENERAL INSURANCE CO. LTD., R/BY DIVISIONAL MANAGER, MAHADEV PLAZA CTS NO.10719, SY.NO.135/A, NEAR KOLHAPUR CIRCLE, NEHARU NAGAR, BELAGAVI-590001.

…RESPONDENTS THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND MODIFIED THE JUDGMENT DATED 20.04.2021, PASSED BY THE IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT GOKAK M.V.C. NO.2622/2018. AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ORDER WAS PASSED THEREIN AS UNDER:

CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

1. No representation on appellant’s side on call.

2. Sri. Santosh S. Hattikatagi, learned counsel for respondent No.1 and Sri.Subhash J. Baddi, learned counsel for respondent No.2 are present.

3. On 24.11.2025, following order was passed:

“No representation on appellant’s side on call.

Sri.Santhosh S.Hattikatagi, learned counsel for respondent No.1 submits that after passing of award by the Tribunal, the appellant filed an execution petition and in the execution petition, the matter was settled before the Lok Adalath and respondent No.1 paid the entire award amount towards full and final settlement and the appellant received the same duly signing the award passed and recording the same, the Executing Court closed the EP proceedings and thus, the appeal does not survive for consideration. Learned counsel filed the certified copy of the order sheet in Execution Petition No.124/2021 that stood pending before the Motor Accident Claims Tribunal, Gokak.

Sri.Santosh S.Hattikatagi, learned counsel for respondent No.1 also states that the appellant failed to contest the matter in the light of the settlement thus arrived at.

Sri.Subhash J.Baddi, learned counsel for respondent No.2 endorses the submission that is made by learned counsel for respondent No.1. However, to give fair opportunity to the appellant to make his submission, list the matter on 27.11.2025. In case the appellant fails to represent the matter even on that day, the appeal will be dismissed considering the submission that is made by learned counsel for respondent No.1 and due to non-prosecution of the appeal by the appellant herein.”

4. Even on passing the aforementioned order, appellant did not choose to represent. Therefore it is clear that the appellant is not interested in prosecuting the appeal.

5. Hence the appeal stands dismissed for non-prosecution.

Sd/-

(CHILLAKUR SUMALATHA)

JUDGE gab CT-MCK List No.: 1 Sl No.: 30