- 1 - HC-KAR NC: 2026:KHC:19463 WP No. 31266 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. 31266 OF 2025 (GM-AC) BETWEEN: 1. THE NEW INDIA ASSURANCE CO LTD CHIKKAMAGALUR BRANCH, (680102), PANDURANGA COMPLEX, ANDECHATRA ROAD, CHIKKAMAGALUR-577101. 2. THE NEW INDIA ASSURANCE CO., LTD., SHIVAMOGGA NON SUIT CLAIM HUB, (679006), 1ST FLOOR, MALLAPPA COMPLEX, B.H.ML ROAD, SHIVAMOGGA - 577201. BOTH ARE REPRESENTED BY THE NEW INDIA ASSURANCE CO., LTD., THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, II FLOOR, NO.9, M.G. ROAD, BANGALORE - 560001. REPRESENTED BY MANAGER. …PETITIONERS (BY SRI. RAVISHANKAR C R.,ADVOCATE) AND: 1. SRI K R THIRTHASWAMY AGED ABOUT 56 YEARS, S/O SRI. K.K. RAMACHAR, PERMANENT RESIDENT OF HARIHARA BIDI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19463 WP No. 31266 of 2025 SRINGERI AT AND POST, CHIKKAMAGALUR DISTRICT. PRESENTLY R/AT HALEKOTE VILLAGE BIDARAHALLI POST, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT. 2. SRI. DEVARAJU, AGED ABOUT 39 YEARS, S/O SRI. SAGANAIAH, R/AT MUGTHIHALLI VILLAGE AND POST, VASTHARE HOBLI, CHIKKAMAGALUR TALUK. 3. SRI. CHAVAN REDDY, AGED MAJOR, S/O SRI. RAGHAVA REDDY, PWD CLASS I CONTRACTOR, SRINIVASA NILAYA, CHANNAPURA ROAD, CHIKKAMAGALUR TOWN, POST AND TALUK, CHIKKAMAGALUR DISTRICT. 4. SMT. LALITHAMMA, AGED MAJOR, W/O SRI. THIRTHASWAMY K.R., HALEKOTE VILLAGE, BIDARAHALLI POST, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT. …RESPONDENTS (BY SMT. SUNITHA B H., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE IMPUGNED ORDER DATED 25.02.2025 ON I.A.NOS.1 AND 3 IN - 3 - HC-KAR NC: 2026:KHC:19463 WP No. 31266 of 2025 MVC NO.148/2024 AS PER ANNX-A AND CONSEQUENTLY DISMISS THE CLAIM PETITION AS BARRED BY LAW UNDER SECTION 166(3) OF THE MOTOR VEHICLES (AMENDED) ACT. 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. - 4 - HC-KAR NC: 2026:KHC:19463 WP No. 31266 of 2025 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. 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 - 5 - HC-KAR NC: 2026:KHC:19463 WP No. 31266 of 2025 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; 5.2. 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