Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:10228 WP No. 17662 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. 17662 OF 2025 (GM-AC)
BETWEEN:
1. MANAGER TATA AIG GENERAL INSURANCE CO LTD, 15TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, GANP PETRO KADAM MARG, OFF SENAPATI, BAPAT MARG LOWER PAREL, MUMBAI-400013 REPRESENTED BY ITS MANAGER TATA AIG GENEAL INSURANCE COMPANY LIMITED SIRI ARCADE PLOT NO. 5 BBMP PID NO. 59-10-5 2ND FLOOR DIAGONAL ROAD JAYANAGAR 3RD BLOCK BANGALORE 560 011 REPRESENTED BY MANAGER
…PETITIONER (BY SRI. HEGDE SUBRAYA VENKATARAMAN, ADVOCATE) AND:
1. MURALI S/O KEMPEGOWDA, AGED ABOUT 38 YEARS,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:10228 WP No. 17662 of 2025
JANATHA HOUSE, HIRISAVE VILLAGE AND HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573124
2. K.L. KRISHNEGOWDA, S/O LINGEGOWDA T.B, AGED ABOUT 56 YEARS, THOTI VILLAGE, HIRISAAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573124 …RESPONDENTS (R1-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PAYING TO QUASH THE ORDER AS PER ANNEXURE-F DATED 12-02-2025 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL, CHANNARAYAPATNA ON IA FILED UNDER ORDER 7 RULE 11 OF CPC READ WITH SECTION 166 (3) OF MOTOR VEHICLES ACT 1988 AMENDMENT ACT 2019) IN MVC NO. 1449/2024 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
- 3 -
HC-KAR NC: 2026:KHC:10228 WP No. 17662 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.1449/2024 on the file of the IV Additional District and Sessions Judge, Channarayapatna [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] read with 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 12.02.2025, 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 petition in WP [Civil] No. 166/2024 and connected
- 4 -
HC-KAR NC: 2026:KHC:10228 WP No. 17662 of 2025
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. - 5 -
HC-KAR NC: 2026:KHC:10228 WP No. 17662 of 2025
The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
NV List No.: 4 Sl No.: 65