Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 12000 (KAR)

ICICI Lombard General Insurance Company Ltd., v. MR VENKATESH VADDADI

WP/33026/2025 · 2026-03-27

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19489 WP No. 33026 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. 33026 OF 2025 (GM-AC) BETWEEN: ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., A COMPANY REGISTERED UNDER COMPANIES ACT 2013 HAVING REGISTERED OFFICE AT ICICI LOMBARD HOUSE, 414, VEER SAVARKAR MARG, NEAR SIDDHI VINAYAK TEMPLE, PRABHADEVI, MUMBAI - 400025 REP. BY ITS MANAGING DIRECTOR, ALSO AT a. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE AT NO.27, THIRD AND FOURTH FLOOR, SJR TOWERS, BANNERGHATTA MAIN ROAD, 3RD PHASE, JP NAGAR, BENGALURU - 560078 b. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, INTERFACE BUILDING, NO.16, 601/602, 6TH FLOOR, NEW LINK ROAD, MALAD (WEST) MUMBAI - 460064 COMPANIES UNDER SECTION 1956 ACT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19489 WP No. 33026 of 2025 …PETITIONER (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. MR VENKATESH VADDADI S/O LATE V GANGA RAJU, AGED ABOUT 53 YEARS, RESIDING AT A1-1004 GOKULAM APARTMENTS, DODDAKALLASANDRA, KANAKAPURA ROAD, BENGALURU - 560062. 2. SUBRAMANYA K S/O KRISHNAPPA, AGED ABOUT 44 YEARS, NO.91, VAJURAHALLI, GANIGARAPALYA CROSS, THALAGHATTAPURA POST, KANAKAPURA ROAD, KARNATAKA. …RESPONDENTS (BY SRI. MENTO ISAC., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER DATED 10.06.2025 ON I.A.NO.I AS PER ANNEXURE-F PASSED BY THE COURT OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, AT BENGALURU (SCCH-25)UNDER SECTION 5 OF THE LIMITATION ACT CONDONING THE DELAY OF 52DAYS IN FILING THE CLAIM PETITION IN MVC NO.2946/2024 AND ETC. THIS WRIT 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:19489 WP No. 33026 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:19489 WP No. 33026 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:19489 WP No. 33026 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 LN List No.: 19 Sl No.: 15.207.