Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33161 WP No. 20027 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. 20027 OF 2026 (GM-AC) BETWEEN:
1.
THE MANAGER IFICO TOKIO GEN, CO, LTD, 1ST FLOOR ABOVE BANK OF INDIA, JCR MAIN ROAD, CHITRADURGA-577501.
NOW REP. BY THE MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED NEAR 4TH FLOOR, SRI. SHANTHI TOWERS, 141, 3RD MAIN ROAD, EAST OF NGEF LAYOUT, KASTURI NAGAR, BENGALURU - 560 043.
REPRESENTED BY ITS MANAGER RAMYA K.R.
(COMPANY REGISTERED UNDER COMPANY ACT-1956)
…PETITIONER (BY SRI. B. PRADEEP, ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33161 WP No. 20027 of 2026
AND:
1.
DHANANJAYA REDDY M.T., S/O. THIMAPPA @ THIMMAPPA, AGED ABOUT 63 YEARS, R/AT DODDAULLARTHI VILLAGE, CHALLAKERE TALUK-577522.
NOW R/O. MUNICIPAL COLONY, KELAGOTE, CHITRADURGA-57750.
2.
J.R. RAVIKUMAR, S/O. P.M. RAJASHEKARAPPA, AGED ABOUT 46 YEARS, R/O. 2ND BLOCK, KEB BADAVANE, NAYAKANAHATTI, CHALLAKERE TALUK-577536
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 23-02-2026 PASSED ON IA NO. II BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM, CHITRADURGA IN M.V.C. NO. 576/2025 AT ANNEXURE A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:33161 WP No. 20027 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.
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
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HC-KAR NC: 2026:KHC:33161 WP No. 20027 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
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HC-KAR NC: 2026:KHC:33161 WP No. 20027 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
SJK List No.: 1 Sl No.: 33