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2026 DAILYLAW 6520 (KAR)

THE BRANCH MANAGER v. SMT S M SARASWATHI

WP/29876/2025 · 2026-03-27

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19114 WP No. 29876 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29876 OF 2025 (GM-AC) BETWEEN: THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD, MYSURU TRADING CENTRE L36/D OPP. K.S.R.T.C BUS STAND BENGALURU NILGIRI ROAD KARNATAKA -570001 (COMPANY REGISTERED UNDER COMPANY ACT-1956) NOW REP BY ITS MANAGER LEGAL, RELIANCE GENERAL INSURANCE COMPANY LTD., 5TH FLOOR, CENTENARY BUILDING, NO 28, M.G.ROAD, BENGALURU-560001. …PETITIONER (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. SMT S M SARASWATHI W/O MAHESH AGED ABOUT 50 YEARS. 2. MAHESH S/O. RAMEGOWDA AGED ABOUT 51 YEARS. 3. CHETHAN . M S/O MAHESH AGED ABOUT 24 YEARS. ALL ARE RESIDENT OF NO. 648, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19114 WP No. 29876 of 2025 10TH CROSS, 2ND STAGE, R S NAIDU NAGAR, VTC MYSORE, MYSORE DIST. KARNATAKA-570007 NOW RESIDING AT HOUSE NO.2149, 1ST MAIN, 9TH CROSS, NEAR NATIONAL ENGLISH SCHOOL, MATHIKERE, YASHWANTHPUR BENGALURU -560054. 4. K R SANTHOSH KUMAR S/O RAJEGOWDA AGED ABOUT 44YRS BUSINESSMAN NO.08 BLOCK NO 21 BEML LAYOUT SRIRANGAPATTANA TALUK MANDYA DISTRICT.-571438 …RESPONDENTS (BY SRI. G M SHARATHKUMAR.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-F THE ORDER DATED 29/7/2025 THE COURT OF THE VII ADDITIONAL JUDGE AND ACIM AT BANGALORE IN MVC NO 7267/2023 WITHOUT CONSIDERING THE DEFENSE, PLEASED TO PASS AN ERRONEOUS ORDER BY ALLOWING THE NO I/2023 FILED BY THE RESPONDENT NO 1TO 3 UNDER SECTION OF THE LIMITATION ACT AND FURTHER HELD THAT THE CLAIM PETITION FILED BY THE RESPONDENT NO 1 TO 3 AS PER ANNEXURE-B IS NOT MAINTAINABLE AND ETC. THIS WRIT PETITION, COMING ON FOR FURTHER 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 - 3 - HC-KAR NC: 2026:KHC:19114 WP No. 29876 of 2025 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. 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, learned counsel appearing on both sides fairly submit that these petitions 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 - 4 - HC-KAR NC: 2026:KHC:19114 WP No. 29876 of 2025 deem it appropriate to dispose of these petitions with the following directions: 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 - 5 - HC-KAR NC: 2026:KHC:19114 WP No. 29876 of 2025 appropriate orders in conformity with the law so declared. 6. With the above Observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE List No.: 19 Sl No.: 0