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2026 DAILYLAW 24599 (KAR)

THE MANAGER v. PRASHANTH

WP/17522/2026 · 2026-06-18

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30235 WP No. 17522 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. 17522 OF 2026 (GM-AC) BETWEEN: THE MANAGER SHRIRAM GIC LTD., NO. 302, 2ND FLOOR, CH 66-2904/1, SAPTHASWARA COMPLEX, MYSORE - 09. NOW REP. BY THE MANAGER, SHRIRAM GIC LTD., T.P. HUB, NO. 3/5, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD, OFF BANNERGHATTA ROAD, IIM-B POST, BANGALORE - 560 076 REPRESENTED BY ITS MANAGER DIKSHASHREE P.S. (COMPANY REGISTERED UNDER COMPANY ACT - 1956) …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. PRASHANTH S/O SRINIVASA, AGED ABOUT 10 YEARS, SINCE 1ST RESPONDENT IS MINOR WILL BE REP. BY HIS MOTHER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30235 WP No. 17522 of 2026 I.E., SMT. KALAVATHI, W/O SRINIVASA, AGED ABOUT 39 YEARS, R/O WARD NO. 8, SULTHAN RAOD, MADIVALARA STREET, MALAVALLI TOWN - 571 430. 2. SWAMY B S/O BASAVEGOWDA, MAJOR, R/O NO. 04, 7TH MAIN ROAD, NANDA GOKULA, KUMBARA KOPPALU SOUTH MYSORE, MYSORE - 570 016. 3. SHIVARAMU C S/O CHANNEGOWDA, MAJOR, R/O NO. 2608, 2ND CROSS, KALIDASA ROAD, RAMAMANDIRA STREET, V.V. MOHALLA, MYSORE - 570 001. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. BE PLEASED TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDERS DATED 01-04- 2026 PASSED ON IA NO.2 COURT OF SENIOR CIVIL JUDGE AND MACT, AT MALAVALLI IN M.V.C. NO. 1320/2023 AT ANNEXURE A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:30235 WP No. 17522 of 2026 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 directions to the Motor Accident Claims Tribunal to proceed with the matters, subject to the limitation imposed by the Hon’ble Supreme Court. - 4 - HC-KAR NC: 2026:KHC:30235 WP No. 17522 of 2026 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 maintainable, the Tribunal shall be at liberty to proceed to pronounce and draw up the final award in accordance with law; - 5 - HC-KAR NC: 2026:KHC:30235 WP No. 17522 of 2026 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.: 9