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2026 DAILYLAW 15630 (KAR)

ICICI LOMGBARD GENERAL INSURANCE COMPANY LTD., v. RANGASHETTY

WP/378/2025 · 2026-02-19

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10213 WP No. 378 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. 378 OF 2025 (GM-AC) BETWEEN: 1. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.C-22, MAXIMUS COMMERCIAL COMPLEX, LHH ROAD, HAMPANAKATTE, MANGALORE-01 NOW REP. BY ICICI LOMBARD GIC LTD., NO.121, THE ESTATE BUILDING, 9TH FLOOR, DICKSON ROAD, M.G.ROAD, BANGALORE-560001 REP BY ITS LEGAL MANAGER, COMPANY IS REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI. PRADEEP B, ADVOCATE) AND: 1. RANGASHETTY S/O LAKKASHETTY, AGED ABOUT 64 YEARS, KALASINDA VILLAGE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10213 WP No. 378 of 2025 KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116 2. SWAMY SHETTY S/O PUTTASWAMY SHETTY, KALKERE VILLAGER, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116 …RESPONDENTS (BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PAYING TO QUASH THE ORDER AS PER ANNX-D DTD 20.11.2024 PASSED BY THE COURT OF THE IV ADDL DIST AND SESSION JUDGE SIT AT CHANNARAYAPATNA ON APPLICATION BEARING NO. 1/2024 FILED UNDER ORDER 7 RULE 11R/W SECTION 151 OF CPC AND SEC 166(3) OF MV ACT AS PER ANNX-B IN MVC NO. 831/2024 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:10213 WP No. 378 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.831/2024 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 20.11.2024, 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 - 4 - HC-KAR NC: 2026:KHC:10213 WP No. 378 of 2025 Nos.8412-8413/2023 and similar matters in the writ 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 - 5 - HC-KAR NC: 2026:KHC:10213 WP No. 378 of 2025 will be subject to the Apex Court’s decision on the afore question. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 49