THE AUTHORIZED CLAIM SETTLE MANAGER v. SMT GEETHAMMA
WP/29845/2024 · 2025-08-14
Anu Sivaraman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82295 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82295 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32746 WP No. 29845 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 29845 OF 2024 (GM-AC) BETWEEN:
THE AUTHORIZED CLAIM SETTLE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD. 2ND FLOOR, SVR COMPLEX HOSUR MAIN ROAD BENGLAURU-560 068 NOW REPRESENTED BY THE REGIONAL MANAGER ASHWIN K.
ICICI LOMBARD GENERAL INSURANCE CO. LTD. OFFICE AT: ESTATE BUILDING No.121, 9TH FLOOR DICKENSON ROAD CROSS (MG ROAD) BENGALURU-560 042 COMPANY IS REGISTERED UNDEER COMPANIES ACT, 1956 …PETITIONER (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE - (ABSENT))
AND:
1. SMT. GEETHAMMA W/O CHANDRANNA AGED ABOUT 43 YEARS RESIDENTS OF DODDAGOLLARAHATTI VILLAGE YARABALLI, MAJIRE, HIRIYUR TALUK CHITRADURGA DISTRICT- 577 598
2. CHANDRANNA S/O SANNA ERAPPA
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32746 WP No. 29845 of 2024
AGED ABOUT 53 YEARS RESIDENTS OF DODDAGOLLARAHATTI VILLAGE YARABALLI, MAJIRE, HIRIYUR TALUK CHITRADURGA DISTRICT-577 598
3. MANU C.
S/O CHANDRANNA AGED ABOUT 21 YEARS RESIDENTS OF DODDAGOLLARAHATTI VILLAGE YARABALLI, MAJIRE, HIRIYUR TALUK CHITRADURGA DISTRICT-577 598
4. AJAY KUAMR S/O NINGANNA AGED ABOUT 36 YEARS R/O. BYADARAHALLI VILLAGE HIRIYUR TALUK NOW RESIDING AT MARUTHI NAGARA BEHIND COURT BUILDING HIRIYUR TOWN CHITRADURGA DISTRICT-577 598 …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i) QUASH THE COMMON ORDER AS PER ANNEXURE-F DATED 04.07.2024 PASSED BY SENIOR CIVIL JUDGE AND JMFC, HIRIYUR IN MVC No.1157/2023 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:32746 WP No. 29845 of 2024
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
ORAL JUDGMENT
There is no representation for the petitioner. 2. This writ petition is filed seeking to quash the common order dated 04.07.2024 passed by the Senior Civil Judge and JMFC, at Hiriyur in MVC No.1157/2023. The order under challenge is one passed allowing the application filed by the petitioner and condoning the delay in filing claim petition and rejecting an application filed by respondent No.2 under Order VII Rule 11(d) read with Section 151 of CPC on the ground that the application is time barred. 3.
Having considered the contentions advanced, I am of the opinion that the order contains justifiable reasons for condoning the delay and for rejecting the application filed by the writ petitioner under Order 7 Rule 11 of Code of Civil Procedure, 1908. Further, the writ petitioner also has an efficacious alternative remedy of
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HC-KAR NC: 2025:KHC:32746 WP No. 29845 of 2024
appeal under the provisions of the Motor Vehicle Act,
1988. In the above view of the matter, the writ petition is not maintainable and the same is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE
RAK List No.: 1 Sl No.: 6