- 1 - HC-KAR NC: 2026:KHC:19057 WP No. 26420 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. 26420 OF 2025 (GM-AC) BETWEEN: 1. THE MANAGER ICICI LOMBARD GENERALL INSURANCE CO LTD SECOND SVR COMPLEX HOSUR MAIN ROAD BANGALORE 560068 NOW REP BY THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO LTD 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, MAHATMA GANDHI ROAD, BANGALORE 560001 COMPANY IS REGISTERED UNDER COMPANIES ACT 1956 …PETITIONER (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. SMT B K SHASHIKALA W/O LATE G.GANESH AGED ABOUT 36 YEARS R/O H.NO 245 ‘B’ BLOCK ASHRAYA BHADAVANE BOMMANAKATTE, SHIVAMOGGA 577302 2. MUBARAK S/O IMTIYAZ AGED ABOUT 23 YEARS 3. SMT RESHMA W/O IMTIYAZ AGED ABOUT 41 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19057 WP No. 26420 of 2025 RESPONDENTS NO.2 AND 3 ARE R/O J.P.NAGARA, ZANDA KATTE DOWN, NEAR WATER TANK, SHIVAMOGGA 577203 …RESPONDENTS (R3 IS SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER IA NO.3 AS PER ANNEXURE-G DATED 10.07.2025 PASSED BY III ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN MVC NO.906/2023 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 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 - 3 - HC-KAR NC: 2026:KHC:19057 WP No. 26420 of 2025 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: 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. - 4 - HC-KAR NC: 2026:KHC:19057 WP No. 26420 of 2025 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. 6. With the above Observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 19 Sl No.: 0