SRIRAM GENERAL INSURANCE COMPANY LTD v. SMT MEENAKSHAMAMMA
WP/882/2026 · 2026-02-12
B M Shyam Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 775 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 775 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:8745 WP No.882/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.882/2026 (GM-AC)
BETWEEN:
SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.4/5, S.V ARCADE, 3RD FLOOR, BILEKAHALLI MAIN ROAD, OPP TO BANNERUGHATTA ROAD, BENGALURU - 560 076.
REP. BY ITS ASSISTANT MANAGER COMPANY REGISTERED UNDER PROVISIONS OF INSURANCE ACT 1938 (IV OF 1938) … PETITIONER
(BY SRI. ANUP SEETHARAM RAO., ADVOCATE)
AND:
1. SMT.MEENAKSHMAMMA AGED ABOUT 62 YEARS,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:8745 WP No.882/2026
W/O DASA BHOVI, R/AT SHIVAJYOTHIPANA STREET, BELUR TOWN, BELURU, HASSAN - 573 115
2.
SRI KARTHIKA HANJARA AGED ABOUT 33 YEARS, S/O SRI VENKATESH HANJARA, NO.111-55, 'SRIDEVEI NILAYA', NO.76, GORAJA HALADYA, KUNDAPURA TALUK, UDUPI - 576 222 … RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 14.11.2025 PASSED BY THE SENIOR CIVIL JUDGE AND MACT AT BELUR IN MVC NO.1409/2024 ON IA NO.1 UNDER SECTION 5 OF LIMITATION ACT AT ANNX-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:8745 WP No.882/2026
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.1409/2024 on the file of the Senior Civil Judge and MACT, Belur [for short, 'the Tribunal']. The claimant has filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition. The Tribunal, by the impugned
order dated 14.11.2025, has allowed the application filed by the claimant.
The question: whether a belated claim petition could be entertained condoning the delay under Section 5 of the Limitation Act, 1963 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
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HC-KAR NC: 2026:KHC:8745 WP No.882/2026
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.
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HC-KAR NC: 2026:KHC:8745 WP No.882/2026
The petition stands disposed of accordingly.
SD/- (B M SHYAM PRASAD) JUDGE
RB