- 1 - HC-KAR NC: 2026:KHC:19689 WP No. 35646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35646 OF 2025 (GM-AC) BETWEEN: 1. THE MANAGER HDFC ERGO GENERAL INSURANCE CO.LTD DEVARAJ URS LAYOUT NEAR FLYOVER DAVANAGERE NOW REP BY HDFC ERGO GIC LTD NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKARANARAYANA BUILDING, MG. ROAD, BANGALORE 560001 REPRESENTED BY ITS LEGAL MANAGER SHOBHA K A (COMPANY REGISTERED UNDER COMPANY ACT 1956) …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: T RAJASHEKARA DEAD BY LRS 1. R. AKUL, S/O. LATE T. RAJASHEKHAR AGED ABOUT 16 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19689 WP No. 35646 of 2025 2. SMT. SUNITHA N, W/O. LATE T. RAJASHEKHAR, AGED ABOUT 38 YEARS, BOTH ARE R/O NEAR MANJAPPA SHOP, BANGALORE ROAD, MADAKARI NAGARA, CHALLAKERE TOWN-577522 PETITIONER NO.1 IS MINOR REP. BY HIS NATURAL MOTHER AS A MINOR GUARDIAN SMT. SUNITHA.N. 3. MOHAMMAD ZAFAR T.S, S/O. SHEIK AHAMAD, AGED ABOUT 55 YEARS, R/O.TMK ENTERPRISES, TMK COMPOUND, AGASANAKALLU, CHITRADURGA TOWN-577502. …RESPONDENTS (BY SRI. N R RANGEGOWDA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 03-10-2024 PASSED ON IA NO. I BY THE COURT OF SENIOR CIVIL JUDGE AND AMACT. CHALLAKERE IN M V.C. NO. 247/2023 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:19689 WP No. 35646 of 2025 ORAL ORDER 1. In the above petition, the short question that arises for consideration is whether a claim petition filed under sub-section (3) of Section 166 of the Motor Vehicles Act, 1988 would be maintainable if instituted beyond a period of six months from the date of the accident. 2. It is not in dispute that the said issue is presently under consideration before the Hon’ble Supreme Court in SLP Nos. 8412–8413/2023. By way of an interim order, the Hon’ble Supreme Court has observed that the pendency of the Special Leave Petitions shall not preclude the Motor Accident Claims Tribunal from proceeding with the adjudication of claim petitions; however, it has been expressly stipulated that final judgments shall not be pronounced. 3. In view of the aforesaid development, and having regard to similar interim orders passed by this Court in connected matters, it is submitted that this petition may be disposed of with appropriate directions to the Motor Accident Claims Tribunal to proceed with the matters, subject to the limitation imposed by the Hon’ble Supreme Court. - 4 - HC-KAR NC: 2026:KHC:19689 WP No. 35646 of 2025 4. Having considered the submissions and the interim directions issued by the Hon’ble Supreme Court, I deem it appropriate to dispose of this petition with the following directions: 4.1. The Motor Accident Claims Tribunal shall be at liberty to proceed with the adjudication of the claim petitions in all respects, including recording of evidence and hearing of arguments; 4.2. However, the Tribunal shall not pronounce or draw up the final award in the said proceedings until further orders are passed by the Hon’ble Supreme Court in SLP Nos. 8412–8413/2023. 5. It is further clarified that the ultimate outcome of the proceedings before the Tribunal shall abide by the decision to be rendered by the Hon’ble Supreme Court in the aforesaid Special Leave Petitions. 5.1. In the event the Hon’ble Supreme Court holds that claim petitions filed beyond the period of six months from the date of the accident are maintainable, the Tribunal shall be at liberty to proceed to pronounce and draw up the final award in accordance with law; - 5 - HC-KAR NC: 2026:KHC:19689 WP No. 35646 of 2025 5.2. Conversely, if it is held that such claim petitions are not maintainable, the Tribunal shall pass appropriate orders in conformity with the law so declared. 6. With the above Observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 19