Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10232 WP No. 37090 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37090 OF 2025 (GM-AC) BETWEEN:
THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, MAGANUR COMMERCIAL COMPLEX, NEAR UNION PARK, B.D.ROAD, CHITRADURGA TOWN-577501. RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 001. REPRESENTED BY MANAGER LEGAL REG. UNDER COMPANIES ACT 1956
…PETITIONER (BY SRI. ASHOK N PATIL., ADVOCATE) AND:
1. RATHNAMMA W/O LATE DASANNA @ DASAPPA, AGED ABOUT 60 YEARS,
2. RANGANATHA.D S/O LATE DASANNA @ DASAPPA,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10232 WP No. 37090 of 2025
AGED ABOUT 48 YEARS,
BOTH ARE R/O BABBURU GOLLARAHATTI, BABBURU FARM, HIRIYUR TALUK, CHITRADURGA DISTRICT-577598. NOW R/O KUNCHIGANAL VILLAGE, CHITRADURGA TALUK AND DISTRICT-577524. 3. VIJAYASINGH S/O NEKARAM KASWAN, MAJOR, R/O NO.92, BLOCK E, CHIRAG ROW HOUSE, AMBA TALAV, MONY HOTEL, NA KHANCHAMA, ISHANTHPUR, RUDAVAN SHOPPING CENTRE, AHMEDABAD CITY, GUJARAT STATE - 382 443. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA NO.1 FILED BY THE CLAIMANTS UNDER SECTION 5 OF THE LIMITATION ACT AS PER ANNEXURE-G DATED 13.11.2025 PASSED BY THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT CHITRADURGA, IN MVC NO.721/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:10232 WP No. 37090 of 2025
ORAL ORDER
This petition is by the Insurer who is called upon to answer a claim under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the Act'] in the claim petition in MVC No.721/2025 on the file of the I Additional Senior Civil Judge and JMFC, Chitraduraga [for short, 'the Tribunal'].
If the claimants have filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition, the petitioner has filed an application under Order VII Rule 11[d] of the Code of Civil Procedure, 1908 read with Section 166[3] of the Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by the common impugned order dated 13.11.2025, has allowed the application filed by the claimants rejecting the application filed by the petitioner. - 4 -
HC-KAR NC: 2026:KHC:10232 WP No. 37090 of 2025
The question: whether a belated claim petition could be entertained condoning the delay under Section 5 of the Limitation Act, 1963 is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ petition in WP [Civil] No. 166/2024 and connected matters. It remains undisputed that the Apex Court by its interim order dated 16.12.2025 has observed that the pendency of the writ petitions/special leave petitions before it shall not come in the way of the claim petitions being adjudicated by the Tribunals but with the stipulation that judgments shall not be finalized. This Court is of the considered view that with the afore-stipulation, this petition must be disposed of observing that the Tribunal's impugned order will be subject to the outcome in the pending matters before the Apex Court. With this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from
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HC-KAR NC: 2026:KHC:10232 WP No. 37090 of 2025
pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise will be subject to the Apex Court’s decision on the afore question. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
NV List No.: 4 Sl No.: 69