Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18246 WP No. 23012 of 2024
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. 23012 OF 2024 (GM-AC) BETWEEN:
THE MANAGER M/S. BHARTI AXA GENERAL INSURANCE CO. LTD., 1st FLOOR, FEMSN ICON, SURVEY NO.28, DODDANEKKUNDI VILLAGE, K.R. PURAM HOBLI, BENGALURU-560037 NOW KNOWN AS ICICI LOMBARD GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, OFFICE AT 'ESTATE BUILDING', NO.121, 9TH FLOOR, DICKENSON ROAD CROSS, (MG ROAD), BENGALURU-560 042
…PETITIONER (BY SRI. A N KRISHNA SWAMY.,ADVOCATE)
AND:
1. VEDAMURTHY AGED ABOUT 45 YEARS S/O BADARI MALLAPPA RESIDING AT H.NO.25-84C, BHAVANI, CHENNANGADI ROAD, KODAVOORU VILLAGE, KRODASHRAMA POST, UDUPI TALUK AND DISTRICT-576106
2. REKHARAJ AGED ABOUT 40 YEARS, W/O NAGARAJ P.
RESIDING AT H.NO.7-843, BALAJI LAYOUT, 7TH CROSS, KINNIMULKY, UDUPI-576103
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18246 WP No. 23012 of 2024
3.
THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G ROAD, BENGALURU-560001
4.
MALLAPPA N.
AGED ABOUT 63 YEARS.
S/O NINGAPPA RESIDING AT NERALAKERE VILLAGE AND POST, AMRITHAPURA HOBALI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT-577228
5.
THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SHRIRAM ARCADE, OPP. HEAD POST OFFICE, UDUPI TALUK AND DISTRICT-576106
…RESPONDENTS (BY SRI. NAGARAJA H R., ADVOCATE FOR R1;
SRI. B. PRADEEP., ADVOCATE FOR R3; R4-SERVED;
SRI. A.M. VENKATESH., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER OR QUASH THE ORDERS AS PER ANNX-F AND G DTD 30.01.2024 PASSED BY THE ADDL SENIOR CIVIL JUDGE AND ADDL MACT UDUPI IN MVC NO. 288/2023 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
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
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HC-KAR NC: 2026:KHC:18246 WP No. 23012 of 2024
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. 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:
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HC-KAR NC: 2026:KHC:18246 WP No. 23012 of 2024
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;
5.2. 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.
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HC-KAR NC: 2026:KHC:18246 WP No. 23012 of 2024
6. With the above Observations, the Writ Petition stands disposed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
List No.: 19 Sl No.: 0