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2026 DAILYLAW 22236 (KAR)

THE BRANCH MANAGER v. RAVINATH SHETTY

WP/16587/2026 · 2026-06-15

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28841 WP No. 16587 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16587 OF 2026 (GM-AC) BETWEEN: 1. THE BRANCH MANAGER, SHRIRM GENERAL INSURANCE COMPANY LTD, NO.302, 3RD FLOOR, S AND S CORNER BUILDING, PLOT NO.48, HOSPITAL ROAD, SHIVAJI NAGAR, NEAR HOTEL KAMATH, BANGALORE - 560 001. NOW REPRESENTED BY ITS MANAGER LEGAL, 2. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.R ARCADE, BINALAKALLI MAIN ROAD, BILEKAHALLI OF B.G.ROAD, IIMB POST, BANGALORE - 76. …PETITIONERS (BY SRI. B.C.SHIVANNE GOWDA., ADVOCATE) AND: 1. RAVINATH SHETTY, S/O KANTAPPA HEGDE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28841 WP No. 16587 of 2026 AGED ABOUT 80 YEARS, R/AT RAJATADRI, RAMJIBAILU, IRUMANDI, HAVANJE POST AND VILLAGE, BRAHMAVARA TALUK AND DISTRICT - 576 124. 2. SWARNALATHA P S, W/O PRAVEEN, R/AT 4-94, JAYALAXMI COMPOUND, MAROLI PADIL ALAPE, MANGALORE, MANGALORE TALUK AND DISTRICT - 575 001. …RESPONDENTS (NOTICE TO RESPONDENTS ARE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDERS DATED 23/2/2026 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT UDUPI IN MVC NO.431/2024 AT ANNEXURE-G ON APPLICATION NO. III FILED BY THE PETITIONER UNDER ORDER 7 RULE 11(D) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT AS PER ANNEXURE - E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:28841 WP No. 16587 of 2026 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 stipulated that final judgments shall not be pronounced. - 4 - HC-KAR NC: 2026:KHC:28841 WP No. 16587 of 2026 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 - 5 - HC-KAR NC: 2026:KHC:28841 WP No. 16587 of 2026 until further orders are passed by the Hon’ble Supreme Court in SLP Nos. 8412–8413/2023. 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 - HC-KAR NC: 2026:KHC:28841 WP No. 16587 of 2026 6. With the above Observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 4