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2026 DAILYLAW 14004 (KAR)

M/S SHRIRAM GENERAL INSURANCE COMPANY LTD v. KARNATAKA STATE ROAD TRANSPORT CORPORATION LTD

WP/30097/2024 · 2026-02-19

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10211 WP No. 30097 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. 30097 OF 2024 (GM-AC) BETWEEN: 1. M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD BANGALORE REGIONAL OFFICE NO.48, 3RD FLOOR S S CORNER BUILDING HOSPITAL ROAD (NEXT TO KAMATH HOTEL) SHIVAJINAGARA BANGALURU-01 (REGISTERED UNDER COMPANIES ACT) NOW REP BY ITS MANAGER LEGAL M/S SHRIRAM GENERAL INSURANCE COMPANY LTD NO.5/4, 3RD FLOOR, S.V.R ARCADE BINALAKALLI MAIN ROAD BELEKALLI OF B.G.ROAD, IIMB POST BANGALORE-76 …PETITIONER (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE) AND: 1. KARNATAKA STATE ROAD TRANSPORT CORPORATION LTD BENGALURU CENTRAL DIVISION K.H.ROAD, SHANTHINAGAR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10211 WP No. 30097 of 2024 BANGALORE-01 REP. BY ITS DIVISIONAL CONTROLLER 2. M. PARAMESHWARAN S/O MURUGAN R/AT NO.34, VINAYAGA NAGARA SUNDAKKAMUTHUR COIMBATPRE-641 010 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-E DATED 27.1.2024 PASSED BY THE COURT OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES AND MACT (SCCH-7) AT BENGALURU FILED UNDER ORDER 7 RULE 11(D) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT, WHICH IS NUMBERED AS IA NO II/2023 IN MVC NO. 135/2023 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 - 3 - HC-KAR NC: 2026:KHC:10211 WP No. 30097 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.135/2023 on the file of the IX Additional Senior Civil Judge and ACMM, Court of Small Causes, Member- MACT, Bengaluru [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 27.01.2024, 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 - 4 - HC-KAR NC: 2026:KHC:10211 WP No. 30097 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. - 5 - HC-KAR NC: 2026:KHC:10211 WP No. 30097 of 2024 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE nv List No.: 4 Sl No.: 47