UNITED INDIA INSURANCE CO LTD v. MADHU @ MADHUKUMAR
WP/16303/2026 · 2026-06-05
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19732 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19732 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:26728 WP No. 16303 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16303 OF 2026 (GM-AC) BETWEEN:
UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE, 5TH & 6TH FLOORS KRISHI BHAVAN, HUDSON CIRCLE OPP. BBMP HEAD OFFICE NRUPATHUNGA ROAD BANGALORE-560001. …PETITIONER (BY SMT. MANJULA N TEJASWI., ADVOCATE) AND:
1.
MADHU @ MADHUKUMAR S/O NARAYUANASWAMY AGED ABOUT 29 YEARS R/AT KALAKUNTE VILLAGE YELLUR HOBLI, SRINIVASPUR TALUK-563135 KOLAR-563101.
2.
P.SHADIK @ R. SHADIK S/O REHMAN KHAN NO. 124, NELAGANTANAHALLI VILLAGE NAKANAHATTI HOBLI CHALLAKERE TALUK-577522 CHITRADURGA DISTRICT-577501. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN MVC NO.3292/2023 PENDING BEFORE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:26728 WP No. 16303 of 2026
THE LEARNED II ADDITIONAL JUDGE, AND ACJM, COURT OF SMALL CAUSES, (SCCH-13) BENGALORE) AND ISSUE A WRIT OF CERTIORARI, SETTING ASIDE THE ORDER PASSED BY LEARNED II ADDITIONAL JUDGE, AND ACJM, COURT OF SMALL CAUSES, (SCCH-13) BENGALURU IN MVC No:3292/2023 VIDE
ORDER DATED 02/04/2026, PRODUCED AS ANNEXURE-D AND ALLOW THE WRIT PETITION FILED BY PETITIONER INSURANCE COMPANY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Notice to respondents dispensed with in view of proposed orders to be passed.
2. 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.
3. 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
- 3 -
HC-KAR NC: 2026:KHC:26728 WP No. 16303 of 2026
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.
4. 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.
5. 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:-
5.1. The Motor Accident Claims Tribunal shall be at liberty to proceed with the adjudication of the
- 4 -
HC-KAR NC: 2026:KHC:26728 WP No. 16303 of 2026
claim petitions in all respects, including recording of evidence and hearing of arguments;
5.2. 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.
6. 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.
6.1. 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;
6.2. Conversely, if it is held that such claim petitions are not maintainable, the Tribunal shall pass
- 5 -
HC-KAR NC: 2026:KHC:26728 WP No. 16303 of 2026
appropriate orders in conformity with the law so declared.
7. With the above Observations, the Writ Petition stands
disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
CM LIST NO.: 1 SL NO.: 19