- 1 - HC-KAR NC: 2026:KHC:19701 WP No. 36243 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. 36243 OF 2025 (GM-AC) BETWEEN: SHRI.RAM GEN INS. CO. LTD NO.302, 3RD FLOOR, S AND S CORNER BUILDING PLOT NO.48, HOSPITAL ROAD, SHIVAJI NAGARA, NEAR HOTEL KAMATH, BANGALORE-560 001. NOW REP BY M/S SHRIRAM GENERAL INSURANCE COMPANY LTD NO 5/4, 3RD FLOOR, S.V.R ARCADE, BINALAKALLI MAIN ROAD, BILEKAHALLI OF B.G.ROAD, IIMB POST, BANGALORE-76. REP BY ITS MANAGER LEGAL. (COMPANY REGISTERD UNDER COMPANY ACT-1956) …PETITIONER (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. PRASHANTH BHOJA POOJARY @ PRASHANTHA BHOJA KOTIAN, S/O BHOJA KOTIAN, AGED ABOUT 35 YEARS. R/AT. AMMANNI NIVAS, SWAMILL THOTA, KAPUPADU VILLAGE, KAPU TALUK, UDUPI DISTIRCT. -576 102 2. KUMARASWAMI.S, S/O SADANANDA NAYAK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19701 WP No. 36243 of 2025 AGED ABOUT 39 YEARS, R/AT. BHAGIRATHI NIVASA, NEAR GARADI, SOODA VILLAGE, KARAKALA TALUK, UDUPI DISTRICT-576102 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDERS DATED 1/9/2025 PASSED BY THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT UDUPI IN MVC NO 655/2024 AT ANNEXURE-F ON THE APPLICATION FIELD ORDER 7 RULES 11(d)R/W 151OF CIVIL PROCEDURE CODE AT ANNEXURE-D 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 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 - 3 - HC-KAR NC: 2026:KHC:19701 WP No. 36243 of 2025 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: 4.1. 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 - 4 - HC-KAR NC: 2026:KHC:19701 WP No. 36243 of 2025 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. 6. With the above Observations, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE List No.: 19 Sl No.: 0