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2026 DAILYLAW 50722 (KAR)

RELIANCE GENERAL INSURANCE COMPANY LIMITED v. PRIYA

WP/31781/2024 · 2026-01-31

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5425 WP No. 31781 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 31781 OF 2024 (GM-AC) BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LIMITED COLONEL NOEL, FXT PAIS, 3-1-36, VISHRANI, BEJAI CHURCH CROSS ROAD MANGALURU DAKSHINA KANNADA RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.28, 5TH FLOOR EAST WING, CENTENARY BUILDING M G ROAD, BENGALURU- 560 001 REP. BY MANAGER LEGAL …PETITIONER (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. PRIYA W/O TULASIDAS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5425 WP No. 31781 of 2024 AGED ABOUT 40 YEARS RESIDENT AT DOOR NO.3-200 MOODUSHEDDE POST AND VILLAGE MANGALURU - 5750285 2. MOHAMMED FAYAZ U T S/O U T AHMAD AGED ABOUT 39 YEARS RESIDENT OF DOOR NO.6-62/2 JAZEELA COTTAGE ULIYA BRIDGE, ULLAL, MANGALURU - 575 020 …RESPONDENTS (BY SRI. RANJAN KUMAR K., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE ORDER AS PER ANNEX-D DATED 26.07.2024 PASSED BY THE COURT OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT-IV, MANGALURU DAKSHINA KANNADA ON IA FILED UNDER SECTION 166(3) OF THE MOTOR VEHICLES ACT, 1988 IN MVC NO.1835/2022. II. ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNX-D AND HOLD THAT CLAIM PETITION AS PER ANNEX-A IS NOT MAINTAINABLE. - 3 - HC-KAR NC: 2026:KHC:5425 WP No. 31781 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is by the Insurer who is called upon to answer a claim under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the Act'] in the claim petition in MVC No.1835/2022 on the file of the III Additional District and Sessions Judge, and MACT-IV, Mangaluru, D.K. [for short, 'the Tribunal']. The petitioner has filed an application under Section 166 (3) of the Act contending that the claim petition cannot be entertained because it is filed beyond six months from the date of accident. The Tribunal, by the impugned order dated 26.07.2024 has rejected the petitioner’s application. The question: whether a claim petition filed beyond six months from the date of the accident can - 4 - HC-KAR NC: 2026:KHC:5425 WP No. 31781 of 2024 be entertained is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ petition in WP [Civil] No. 166/2024 and connected matters. It remains undisputed that the Apex Court by its interim order dated 16.12.2025 has observed that the pendency of the writ petitions/special leave petitions before it shall not come in the way of the claim petitions being adjudicated by the Tribunals but with the stipulation that judgments shall not be finalized. This Court is of the considered view that with the afore-stipulation, this petition must be disposed of observing that the Tribunal's impugned order will be subject to the outcome in the pending matters before the Apex Court. With this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise - 5 - HC-KAR NC: 2026:KHC:5425 WP No. 31781 of 2024 will be subject to the Apex Court’s decision on the afore question. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE SA List No.: 1 Sl No.: 0