Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 23911 (KAR)

THE MANAGER THE IFFCO TOKIO GENERAL INSURANCE COMPANY LTD v. SUNIL S

WP/17406/2026 · 2026-06-18

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30233 WP No. 17406 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17406 OF 2026 (GM-AC) BETWEEN: THE MANAGER THE IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., KSCMF BUILDING, NO.8, 3RD FLOOR, 3RD BLOCK, CUNNINGHAM ROAD, SHAKTHI TOWERS, 5TH FLOOR, BANGALORE - 52. NOW REP. BY IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., SRI. SHANTHI TOWERS 141, 5TH FLOOR 3RD MAIN, EAST TO NGEF LAYOUT KASTURI NAGAR, BENGALURU KARNATAKA - 560 043. REPRESENTED BY ITS SENIOR MANAGER RAMYA K.R (COMPANY REGISTERED UNDER COMPANY ACT 1956) …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. SUNIL S S/O SRINIVASA AGED ABOUT 33 YEARS R/O MURUGAN TEMPLE ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30233 WP No. 17406 of 2026 BEHIND POUDHIYAMMA TEMPLE HIRIYUR TOWN, CHITRADURGA DISRICT - 577 501. 2. MOHAMMED KIZARULLA T.A, S/O MOHAMMED AMEERSAB U.R, AGED ABOUT 45 YEARS R/O RAZAK MANZIL BEHIND JUNIOR COLLEGE HIRIYUR TOWN CHITRADURGA - 577 501. 3. ANIL D.S, S/O SRINIVASA T AGED ABOUT 37 YEARS R/AT VEDAVATHI NAGAR HIRIYUR TOWN - 577 501. 4. THE AUTHORIZED CLAIM SETTLE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, KUDLASANGAMESHWARA ARCADE NO.1, OPP IDBI BANK, B.D. ROAD, NEAR KSRTC BUS STAND CHITRADURGA - 577 501. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH THE ORDERS DATED 13/03/2026 PASSED ON IA NO. 1 COURT OF SENIOR CIVIL JUDGE AND JMFC AT HIRIYUR IN M.V.C. NO. 257/2024 AT ANNEXURE - A AND ETC., - 3 - HC-KAR NC: 2026:KHC:30233 WP No. 17406 of 2026 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. 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. 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 - 4 - HC-KAR NC: 2026:KHC:30233 WP No. 17406 of 2026 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 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 - 5 - HC-KAR NC: 2026:KHC:30233 WP No. 17406 of 2026 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. With the above observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 4