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2026 DAILYLAW 30495 (KAR)

THE ORIENTAL INSURANCE v. RITA LEWIS

WP/17424/2026 · 2026-07-21

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010386052026 NC: 2026:KHC:37427 WP No. 17424 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.17424 OF 2026 (GM-AC) BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, 2ND FLOOR, VISHNU PRAKASH BUILDING, OPPOSITE P.P.C.BUS STOP, UDUPI - 576 101. ALSO AT THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, AT NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BENGALURU - 560 025. NOW REP. BY MANAGER LEGAL. THE PETITIONER IS A COMPANY REGISTERED UNDER COMPANIES ACT, AND THE PETITIONER IS PUBLIC SECTOR UNDERTAKING COMPANY. …PETITIONER (BY SRI. ASHOK N.PATIL, ADVOCATE) AND: 1. RITA LEWIS, W/O WILFRED LEWIS, AGED ABOUT 44 YEARS, RESIDING AT HOUSE NO.4-219(1), SARAH, VARAMBALLI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010386052026 NC: 2026:KHC:37427 WP No. 17424 of 2026 BRAHMAVARA, UDUPI DISTRICT - 576 213. 2. SUNIL KUMAR, S/O VENKATARAMU, AGED ABOUT 41 YEARS, RESIDENT OF HOUSE NO.80, ANDHRAHALLI, BENGALURU NORTH, BENGALURU - 560 091. 3. S.NATARAJ, S/O SHIVANNA, AGED ABOUT 53 YEARS, RESIDENT OF HOUSE NO.240, SHIVA NAGARA, RAJAJI NAGARA, BENGALURU - 560 010. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.04.2026 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT UDUPI, ALLOWING THE IA NO.1 AN APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONING THE DELAY OF 415 DAYS IN MVC NO.604/2025 AS PER ANNEXURE - E 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 - 3 - HC-KAR CNR: KAHC010386052026 NC: 2026:KHC:37427 WP No. 17424 of 2026 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. 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: KAHC010386052026 NC: 2026:KHC:37427 WP No. 17424 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: KAHC010386052026 NC: 2026:KHC:37427 WP No. 17424 of 2026 6. With the above observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 5