- 1 - HC-KAR CNR: KAHC010712932025 NC: 2026:KHC:39054 WP No. 33378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33378 OF 2025 (GM-AC) BETWEEN: HDFC ERGO GENERAL INSURANCE CO. LTD., BY ITS ADDITIONAL MANAGER, DEVARAJ URS LAYOUT, (NEAR FLYOVER), DAVANAGERE- 577 006. HEREIN REPRESENTED BY ITS REGIONAL OFFICE AT NO. 32, GROUND FLOOR, ACR TOWERS, RESIDENCY ROAD, (OPP. SBI BANK) ASHOK NAGAR, BENGALURU 560 025, REPRESENTED BY ITS MANAGER (LEGAL) COMPANY REGISTERED UNDER COMPANIES ACT, 1961. …PETITIONER (BY SRI. LINGARAJ H.S.,ADVOCATE) AND: 1. S RUDRAMUNI NOW AGED ABOUT 50 YEARS, S/O. SONEHALAPPA, R/AT DEVARAMURIKUNTE VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577522. 2. OBAIAH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010712932025 NC: 2026:KHC:39054 WP No. 33378 of 2025 NOW AGED ABOUT 40 YEARS, S/O. KRISHNAPPA, R/AT REDDYHALLI VILLAGE, GOPALAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT 577522. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE I.A. II U/O 7 RULE 11(d) R/W 151 AT CPC U/S 166 (3) OF MV ACT COMMON ORDERS AS PER ANNEXURE-C DATED 29.05.2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE, CHITRADURGA AND MACT ON APPLICATION FILED BY THE RESPONDENT NO.1 AND APPLICATION FILED BY THE PETITIONER IN MVC NO. 240/2024 AND HOLD THAT CLAIM PETITION AS PER ANNEXURE-C IS NOT MAINTAINABLE. 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. The petitioner is before this Court seeking for the following reliefs: "1. Issue appropriate writ or order to quash the I.A. II u/o 7 Rule 11(d) R/W 151 of CPC u/s 166 (3) of MV act common orders as per Annexure-C dated 29.05.2025 passed by the court of Senior Civil Judge and JMFC, Challakere, Chitradurga and MACT on application filed by the Respondent No.1 and application filed by the - 3 - HC-KAR CNR: KAHC010712932025 NC: 2026:KHC:39054 WP No. 33378 of 2025 petitioner in MVC No. 240/2024 and hold that claim petition as per Annexure-C is not maintainable. 2. Pass such other writ or order or orders is this Hon'ble court deems fit, under the facts and circumstances of the case, in the interest of justice and equity." 2. 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. 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. - 4 - HC-KAR CNR: KAHC010712932025 NC: 2026:KHC:39054 WP No. 33378 of 2025 4. 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. 5. 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: 5.1. 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; 5.2. 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 - HC-KAR CNR: KAHC010712932025 NC: 2026:KHC:39054 WP No. 33378 of 2025 6. 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. 6.1. 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; 6.2. 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. 7. With the above observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE ND List No.: 1 Sl No.: 1