- 1 - HC-KAR NC: 2026:KHC:19458 WP No. 30659 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. 30659 OF 2025 (GM-AC) BETWEEN: 1. HDFC ERGO GENERAL INSURANCE CO. LTD SHANKARANARAYANA BUILDING, 2ND FLOOR, M.G. ROAD, BENGALORE-560002. REPT. BY ITS MANAGER. REP. BY ITS SENIOR MANAGER - LEGAL, GROUND FLOOR, ACR TOWER, 32, RESIDENCY ROAD, OPPOSITE TO SBI BANK, ASHOK NAGAR, BANGALORE-560025. …PETITIONER (BY SRI. D VIJAYA KUMAR., ADVOCATE) AND: 1. SRI. MADHUSUDHANA S/O UMESH S.K., AGED ABOUT 29 YEARS, HAMALI, MATTUR POST, R/AT. SIDDARAHALLI VILLAGE, SHIMOGA TALUK AND DISTRICT-577203. 2. SRI. BALAJI G.V. S/O VENKATARAJU, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19458 WP No. 30659 of 2025 AGED ABOUT 34 YEARS, R/AT. GARANI VILLAGE, IDIHALLI POST, MADHUGIRI TALUK, TUMAKURU DISTRICT-572 124. 3. MEER KANVIN RAZA, S/O MEER MURTHUZA HUSSAIN, AGED ABOUT 44 YEARS, R/AT. FOTHENAHALLI VILLAGE, THONDEBAVI HOBLI, GOWRIBEDANURU TALUK, CHIKKABALLAPURA DIST-561213. (M9972143504) OWNER OF AP02TC5867. 4. TATA AIG GEN. INSURANCE CO. LTD., HEAD OFFICE, PENINSULA BUSINESS PARK, TOWER A, 15TH FLOOR, GK MARK, LOWER PAREL, MUMBAI-400013. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER AS PER ANNEXURE-E DATED 09.05.2025 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND C.J.M AND MACT AT SHIVAMOGGA, ON IA NO.1 FILED UNDER SECTION 5 OF LIMITATION ACT READ WITH SECTION 166 (3) OF AMENDED M.V. ACT IN MVC NO.473/2024. - 3 - HC-KAR NC: 2026:KHC:19458 WP No. 30659 of 2025 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ 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 - 4 - HC-KAR NC: 2026:KHC:19458 WP No. 30659 of 2025 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. 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 - 5 - HC-KAR NC: 2026:KHC:19458 WP No. 30659 of 2025 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; 5.2. 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