Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10202 WP No. 26189 of 2024
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. 26189 OF 2024 (GM-AC) BETWEEN:
1.
SHRIRAM GIC LTD NO.5/14, 3RD FLOOR SV ARCADE, BILIKALLALLI MAIN ROAD, BENGALURU-560 076 REP BY ITS LEGAL MANAGER COMPANY ITS REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI. PRADEEP B, ADVOCATE) AND:
1.
SHASHIKALA U W/O RUDRAIAH G.M AGED ABOUT 38 YEARS
2.
SINDHU S.R D/O RUDRAIAH G.M AGED ABOUT 20 YEARS
3.
BINDHU S.R D/O RUDRAIAH G.M AGED ABOUT 15 YEARS
4. CHANDRAMMA W/O GURUSHANTHAIAH D/O ANKALAYYA AGED ABOUT 71 YEARS
Digitally signed by VANAMALA N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10202 WP No. 26189 of 2024
SINCE 3RD RESPONDENT IS MINOR WILL BE REPRESENTED BY THEIR N/G AND MOTHER I.E., 1ST RESPONDENT
ALL ARE R/AT SIRIGERE VILLAGE CHITRADURGA TALUK AND DISTRICT - 577501
5.
MANJUNATHA K.B S/O BASAVARAJAPPA AGED ABOUT 25 YEARS R/O KAGALAGERE VILLAGE, HOLALKERE TALUK CHITRADURGA DISTRICT - 577526
6. SHEKHARAPPA S/O THIPPESWAMY MAJOR R/O D.MADAKARIPURA VILLAGE SIRIGERE POST CHITRADURGA TALUK AND DISTRICT PIN - 577501 …RESPONDENTS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R1 TO R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-E DATED 21.05.2024 PASSED BY THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT-V AT CHITRADURGA ON IA FILED UNDER 151 IN MVC NO.233/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:10202 WP No. 26189 of 2024
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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.233/2023 on the file of the II Additional Senior Civil Judge and JMFC, Chitradurga [for short, 'the Tribunal']. The petitioner has filed an application under Section 151 of the Code of Civil Procedure, 1908 contending that the claim petition cannot be entertained because it is filed beyond six months from the date of accident. The Tribunal, by the impugned
order dated 21.05.2024, has rejected the petitioner’s application.
The question: whether a claim petition filed beyond six months from the date of the accident can be entertained is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ
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HC-KAR NC: 2026:KHC:10202 WP No. 26189 of 2024
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 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.
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HC-KAR NC: 2026:KHC:10202 WP No. 26189 of 2024
The petition stands disposed of accordingly.
Sd/- (B M SHYAM PRASAD) JUDGE
NV List No.: 4 Sl No.: 38