UNITED INDIA INSURANCE CO. LTD., v. GUJINIPALLI PAVAN KALYAN
WP/19353/2026 · 2026-06-29
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 24000 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 24000 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32244 WP No. 19353 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19353 OF 2026 (GM-AC) BETWEEN:
1.
UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 5TH AND 6TH FLOORS, KRISHI BHAVAN, HUDSON CIRCLE, OPP. BBMP HEAD OFFICE NRUPATHUNGA ROAD, BANGALORE-560 001 (POLICY NO. 0509013123P108488655, VALID FROM 18/10/2023 TO 17/10/2024) … PETITIONER (BY SRI. MANJULA N TEJASWI., ADVOCATE) AND:
1.
GUJINIPALLI PAVAN KALYAN S/O GUJINIPALLI RAMANAIAH, AGED ABOUT 28 YEARS, RESIDING AT 11-81, PRAKASH NAGAR, TALAPULA, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515 581
2.
KATTUBADI GAY BASHA S/O KATTUBADI GAI BUS A, KULLATLA, MYLAVARAM, CUDDAPAH, ANDHRA PRADESH-516 432, (R.C. OWNER OF EICHER BEARING NO.AP-39-UM-8591) … RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR THE RECORDS IN MVC 9191/2025 PENDING BEFORE THE LEARNED XXIII
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32244 WP No. 19353 of 2026
ADDITIONAL SENIOR CIVIL JUDGE, AND ACJM, BENGALORE AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner is before this Court seeking for the following reliefs: a) Call for the records in MVC 9191/2025 pending before the Learned XXIII Additional Senior Civil Judge & ACJM, Bengalore
b) and Issue a writ of certiorari, setting aside the order passed by Learned XXIII Additional Senior Civil Judge & ACJM, Bengaluru in MVC 9191/2025 vide order dated 12/06/2026, produced as Annexure-E and allow the writ petition filed by petitioner Insurance Co.
c) Pass any other order or issue any directions as this Hon'ble Court deems fit under the
facts and circumstances of the case, in the interest of justice and equity.
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.
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HC-KAR NC: 2026:KHC:32244 WP No. 19353 of 2026
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 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
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HC-KAR NC: 2026:KHC:32244 WP No. 19353 of 2026
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 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
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HC-KAR NC: 2026:KHC:32244 WP No. 19353 of 2026
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 appropriate orders in conformity with the law so declared.
7. With the above observations, the Writ Petition stands
disposed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 1 Sl No.: 37