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2026 DAILYLAW 7415 (KAR)

THE BRANCH MANAGER v. RANI PARAMESHWARA

WP/3653/2026 · 2026-02-19

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10245 WP No. 3653 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3653 OF 2026 (GM-AC) BETWEEN: THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD, NO.E-8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN - 302 022. NOW REP. BY ITS MANAGER LEGAL, 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 - 560 076. …PETITIONER (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. RANI PARAMESHWARA W/O PARAMESHWARA, AGED ABOUT 56 YEARS. R/AT D.NO.5/369 A, DURGA NAGARA, SHIVALLI VILLAGE, MANCHI POST, INDRALI, UDUPI TALUK AND DISTRICT-576102 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10245 WP No. 3653 of 2026 2. RANGA SHERIGAR @ RANGANATH SHERIGAR S/O MAHABALA SHETTIGAR, AGED ABOUT 75 YEARS, R/AT SHETTIGAR COMPOUND SARALABETU, MANIPAL POST UDUPI TALUK AND DISTRICT - 576 104 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.11.2025 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT UDUPI IN MVC NO.180/2025 AT ANNEXURE-G ON APPLICATION NO.III FILED BY THE PETITIONER UNDER ORDER VII RULE 11(d) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT AS PER ANNEXURE-E. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10245 WP No. 3653 of 2026 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.180/2025 on the file of the Additional Senior Civil Judge and AMACT, Udupi [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] read with 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 22.11.2025, has rejected the petitioner’s application. 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 - 4 - HC-KAR NC: 2026:KHC:10245 WP No. 3653 of 2026 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 will be subject to the Apex Court’s decision on the afore question. - 5 - HC-KAR NC: 2026:KHC:10245 WP No. 3653 of 2026 The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 44