Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18253 WP No. 27878 of 2024
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. 27878 OF 2024 (GM-AC) BETWEEN:
THE DIVISIONAL MANAGER SHRIRAM GENERAL INS. CO. LTD., SITAPUR, INDUSTRIAL AREA, JAIPUR, RAJASTHAN 302022.
NOW REPRESENTED BY THE MANAGER.
SHRIRAM GENERAL INS. CO. LTD., NO. 3/5, III FLOOR, S V ARCADE.
BILAKALLI MAIN ROAD, OFF B.G. ROAD, IIM POST, BENGALURU-560076 COMPANY IS REGISTERED UNDER COMPANIES ACT, 1956
…PETITIONER (BY SRI. A N KRISHNA SWAMY.,ADVOCATE)
AND:
1.
KUM. VINUTHA D/O LATE BASAVARAJAIAJ AGED ABOUT 04 YEARS MINOR REP. BY HER UNCLE, SHIVARJAIAH S/O LATE MALLIKARJUNAIAH 36 YEARS R/O DODDAABBEGERE VILLAGE, CHANNAGIRI THALUK, DAVANAGERE DISTRICT, NOW R/O SHAMBHU S/O MALLESHAPPA, OLD BARAMPURA, HARIHARA TOWN-577601
2.
PENNASWAMMY S.H.
S/O SANNA HANUMANTHAPPA 41 YEARS R/O MARADIHALLI VILLAGE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18253 WP No. 27878 of 2024
HERIYUR THALUK, CHITRADURGA DISTRICT-577532
3.
MAHANTHESH K.
S/O KENCHAPPA 40 YEARS R/O NO.10, G. KAKKEHANNEHAL, CHITRADURGA-577555
…RESPONDENTS (BY SMT. SHRUTHI S.P., ADVOCATE FOR R1;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH ORDERS AS PER ANNEXURE-F DATED 25-06-2024 PASSED BY SENIOR CIVIL JUDGE AND JMFC, HARIHARA DISMISSING THE APPLICATION BEARING NO. 1 FILED BY PETITIONER UNDER ORDER 7 RULE 11(D) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF MV ACT IN MVC NO. 368/2023 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
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HC-KAR NC: 2026:KHC:18253 WP No. 27878 of 2024
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, 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 until further orders are passed by the Hon’ble Supreme Court in SLP Nos. 8412–8413/2023.
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HC-KAR NC: 2026:KHC:18253 WP No. 27878 of 2024
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
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