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2026 DAILYLAW 50790 (KAR)

BRANCH MANAGER v. SMT KOKILA B C

WP/31700/2024 · 2026-01-31

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5425 WP No. 31700 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. 31700 OF 2024 (GM-AC) BETWEEN: BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, OPPOSITE JAGALURU MAHALINGAPPA TOWER, P. B. ROAD, CHITRADURGA-577 501. RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO. 28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 001, REPRESENTED BY MANAGER LEGAL. …PETITIONER (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. SMT KOKILA B C W/O. LATE SHANMUKHAPPA. K, AGED ABOUT 45 YEARS 2. S. S. REVANTH S/O. LATE SHANMUKHAPPA. K, AGED ABOUT 17 YEARS 3. MANOJ. S. S. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5425 WP No. 31700 of 2024 S/O. LATE SHANMUKHAPPA. K, AGED ABOUT 14 YEARS, PETITIONERS NO.2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER PETITIONER NO.1 KOKILA B. C. W/O. LATE SHANMUKHAPPA. K, ALL ARE RESIDENT OF NO. 19, NEAR VIDYARTHI BHAVAN, KEB QUARTERS, DAVANAGERE - 577 002. 4. MOHAMMED ALADIN S/O. AJIBAR, MAJOR, RESIDENT OF NO.112, M.B. KERI MAIN ROAD, BAR LINE ROAD, DAVANAGERE - 577 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-D DATED 02.09.2024 PASSED BY THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MACT-IV, AT CHITRADURGA ON I.A. FILED UNDER ORDER 7 RULE 11(D) READ WITH SECTION 151 OF CIVIL PROCEDURE CODE READ WITH SECTION 166(3) (AMENDED ACT 2019) OF THE INDIAN MOTOR VEHICLES ACT, IN MVC NO.8/2024 AND ALLOW THE - 3 - HC-KAR NC: 2026:KHC:5425 WP No. 31700 of 2024 APPLICATION FILED BY THE PETITIONER AS PER ANNX- D AND HOLD THAT CLAIM PETITION AS PER ANNX-A IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR ORDERS, 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.8/2024 on the file of the Senior Civil Judge and JMFC, Chitradurga [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] r/w. Section 151 of the Code of Civil Procedure, 1908 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 02.09.2024, has rejected the petitioner’s application. - 4 - HC-KAR NC: 2026:KHC:5425 WP No. 31700 of 2024 The question: whether a claim petition filed beyond six months from the date of the accident can 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 - 5 - HC-KAR NC: 2026:KHC:5425 WP No. 31700 of 2024 pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise 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