M/S SHRIRAM GENERAL INSURANCE COMPANY LTD v. B R HARISH
WP/26160/2024 · 2026-02-25
B M Shyam Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13771 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13771 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:11746 WP No. 26160 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26160 OF 2024 (GM-AC) BETWEEN:
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., BRANCH OFICE 2ND FLOOR, CH66-2904 OPP. RELIANCE HOME FINANCE NEAR PALACE HONDA SHOWROOM KANTHARAJA URS ROAD MYSURU - 570 098 KARNATAKA NOW REP. BY ITS MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4 3RD FLOOR, S V ARCADE DEVARACHIKKANAHALLI ROAD BANNERUGHATTA MAIN ROAD IIMB POST, BANGALORE REPTD. BY ITS LEGAL MANAGER
…PETITIONER (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND:
1. B R HARISH S/O RAMESH S AGED ABOUT 33 YEARS
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:11746 WP No. 26160 of 2024
COMPING AT C/O GAURAV Y A NO.1070, 9TH CROSS VINAYA MARGA, SIDDARATHANAGARA MYSURU - 570 011 ALSO AT NO.10/11 KANCHANAHALLI ROAD WARD NO.11, BANNUR TOWN T NARASIPURA TALUK MYSURU DISTRICT - 570 011
2. SRI SWAROOPA M S S/O LATE SIDDEGOWDA MEGALA KOPPALU VILLAGE BANNUR HOBLI, T NARASIPURA TALUK MYSURU DISTRICT - 570 011 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE D DATED 12.07.2024 PASSED BY THE COURT OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE AT MYSURU FILED UNDER ORDER VII RULE 11(D) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT IN MVC N0.935/2023 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
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HC-KAR NC: 2026:KHC:11746 WP No. 26160 of 2024
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.935/2023 on the file of the Judge, Additional Court of Small Causes and MACT, Mysuru [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] r/w. 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 12.07.2024, 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 petition in WP [Civil] No. 166/2024 and connected
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HC-KAR NC: 2026:KHC:11746 WP No. 26160 of 2024
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:11746 WP No. 26160 of 2024
The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
NV List No.: 4 Sl No.: 2