SBI GENERAL INSURANCE COMPANY LIMITED v. SMT. JAYASHREE
WP/19850/2026 · 2026-07-03
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 25999 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 25999 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33459 WP No. 19850 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19850 OF 2026 (GM-AC) BETWEEN:
SBI GENERAL INSURANCE COMPANY LIMITED, THE COMPANY IS INCORPORATED UNDER COMPANY ACT 1956, 9TH FLOOR, A7 B WING, FULLURUM, BUSINESS CENTRE, SAHARA ROAD, ASHOK NAGAR, ANDHERI (EAST), MUMBAI - 400 099.
REPRESENTED BY SBI GENERAL INSURANCE COMPANY LIMITED, THE COMPANY IS INCORPORATED UNDER COMPANY ACT 1956, 'RUKMINI TOWERS' 1ST FLOOR, NEXT TO APOLLO HOSPITAL, NEAR MANTRI MALL, PLATFORM ROAD, SHESHADRIPURAM, BANGALORE - 560 020.
REPRESENTED BY ITS MANAGER. …PETITIONER (BY SRI. P.S. JAGADISH, ADVOCATE) AND:
1.
SMT. JAYASHREE, AGED ABOUT 39 YEARS, W/O LATE. PRABHAKARA
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33459 WP No. 19850 of 2026
2. RAGHAVENDRA, AGED ABOUT 21 YEARS, S/O LATE. PRABHAKARA
3. ARCHANA, AGED ABOUT 17 YEARS, D/O LATE. PRABHAKARA,
4. PARVATHI, AGED ABOUT 14 YEARS, D/O LATE. PRABHAKARA
5. NAGAMMA, AGED ABOUT 65 YEARS, W/O BASAVARAJA
THE PETITIONER NO.3 AND 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER JAYASHREE, W/O LATE PRABHAKARA
ALL ARE RESIDING AT KUDHALTI VILLAGE, KALAGI TALUK, KALBURGI DISTRICT, GULBARGA.
6.
SHEKH NADEEM. N.S, S/O SHEKH MOHIDDIN, R.C OWNER OF THE LORRY BEARING NO.KA-51-B-0218, R/O NEAR SRINIVASA CHOULTRY, NITTURU VILLAGE AND POST, GUBBI TALUK, TUMKUR DISTRICT. …RESPONDENTS
THIS WP IS FILED UNBDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. BE PLEASED TO
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HC-KAR NC: 2026:KHC:33459 WP No. 19850 of 2026
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDERS DATED 12.05.2026 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HIRIYUR IN M.V.C. NO.6/2025 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
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.
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HC-KAR NC: 2026:KHC:33459 WP No. 19850 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 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
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HC-KAR NC: 2026:KHC:33459 WP No. 19850 of 2026
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. With the above observations, the Writ Petition stands
disposed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 18