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2026 DAILYLAW 27445 (KAR)

THE MANAGER v. V O THIPPESWAMY

WP/19916/2026 · 2026-07-08

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34402 WP No. 19916 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.19916 OF 2026 (GM-AC) BETWEEN: THE MANAGER IFFCO TOKIO GEN, CO, LTD,. 1ST FLOOR ABOVE THE BANK, JCR EXTENSION, CHITRADURGA-577501. NOW REP. BY THE MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. NEAR 4TH FLOOR, SRI. SHANTHI TOWERS, 141, 3RD MAIN ROAD, KASTURI NAGAR, EAST OF NGEF LAYOUT, BENGALURU - 560 043. REPRESENTED BY ITS MANAGER RAMYA.K.R. (COMPANY REGISTERED UNDER COMPANY ACT-1956) …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. V O THIPPESWAMY S/O. VARAVINA OBAIAH, AGED ABOUT 38 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34402 WP No. 19916 of 2026 R/AT HOCHI BORAIAH BADAVANE, BACHABORANAHATTY, CHITRADURGA TALUK, CHITRADURGA DIST-577501. 2. SURESH.B.L, S/O. LATE LOKESH, AGED ABOUT 31 YEARS, R/O. GURU KARUNYA, METRO QUARTERS, MARUTHI LAYOUT, SUNKADAKATTE, BENGALURU-560021 3. THE MANAGER, ACKO GENERAL INSURANCE CO., UNIT NO. 301, 3RD FLOOR, LOTUS CORPORATE PARK, GORAGAN (E), MUMBAI-400063. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDERS DATED 29-01-2026 PASSED ON IA NO. III BY THE COURT OF II ADDL. SR. CIVIL JUDGE AND JMFC. CHITRADURGA IN M.V.C. NO. 548/2025 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 - 3 - HC-KAR NC: 2026:KHC:34402 WP No. 19916 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:34402 WP No. 19916 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:34402 WP No. 19916 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 NS CT:TSM List No.: 1 Sl No.: 15