Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 29373 (KAR)

SHRIRAM GENERAL INSURANCE COMPANY LTD v. SRI MAHESH G T

WP/16268/2026 · 2026-07-15

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010354122026 NC: 2026:KHC:36097 WP No. 16268 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16268 OF 2026 (GM-AC) BETWEEN: SHRIRAM GENERAL INSURANCE COMPANY LTD NO.4/5, S.V.ARCADE, 3RD FLOOR BILEKAHALLI MAIN ROAD OPP TO BANNERUGHATTA ROAD BENGALURU-560 076 REP. BY ITS AUTHORIZED OFFICER. …PETITIONER (BY SRI. ANUP SEETHARAM RAO.,ADVOCATE) AND: 1. SRI MAHESH G T AGED ABOUT 54 YEARS S/O THAMMANNAYYA GOUDA R/AT 1-44F, SHIVANUGRAHA NEAR PARKALA HIGH SCHOOL ADISHESHA NAGAR, 80 BADAGUBETTU P.O. PARKALA, UDUPI TALUK AND DISTRICT - 576 107. 2. SRI. ADINARAYANA L. AGED ABOUT 44 YEARS S/O LAKSHMAYYA D.N. R/AT NAYANA HALLI PATRENA HALLI POST NAYANA HALLI VILLAGE CHIKKBALLAPURA TALUK AND DISTRICT-562 101. 'LJLWDOO\VLJQHG E\6+:(7+$ 5$*+$9(1'5$ /RFDWLRQ+,*+ &28572) .$51$7$.$ - 2 - HC-KAR CNR: KAHC010354122026 NC: 2026:KHC:36097 WP No. 16268 of 2026 3. SRI KIRAN KUMAR B.N. S/O B.N. NAGARAJ R/AT THIPENALLI VILLAGE AJWARA POST, CHIKKBALLAPUR TALUK AND DISTRICT-562 101. 4. SRI. SHASHIDHAR POOJARY AGED ABOUT 53 YEARS S/O LATE CHONGLA POOJARY R/AT 6-118Q6, HANUMANTHANAGARA PUTTUR POST, PUTTUR VILLAGE UDUPI TALUK AND DISTRICT - 576 105. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMON ORDER DATED 18.03.2026 PASSED BY THE ADDITIONAL MACT AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, ON I.A. NO. I IN M.V.C. NO. 86/2025 AT ANNEXURE-F 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. - 3 - HC-KAR CNR: KAHC010354122026 NC: 2026:KHC:36097 WP No. 16268 of 2026 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. 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 - HC-KAR CNR: KAHC010354122026 NC: 2026:KHC:36097 WP No. 16268 of 2026 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; 5.2. 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. - 5 - HC-KAR CNR: KAHC010354122026 NC: 2026:KHC:36097 WP No. 16268 of 2026 6. With the above observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE HA List No.: 1 Sl No.: 10