- 1 - HC-KAR NC: 2026:KHC:18986 WP No. 20513 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. 20513 OF 2025 (GM-AC) BETWEEN: IFFCO TOKIO GENERAL INSURANCE CO., LTD., COMPANY IS REGISTERED UNDER COMPANIES ACT 1956 BRANCH OFFICE, 1ST FLOOR, ABOVE BANK OF INDIA, CHITRADURGA- 577201 THROUGH ITS CUSTOMER SERVICE CENTER, SRI. SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE 560 043 REPRESENTED BY ITS LEGAL MANAGER …PETITIONER (BY SRI. B. PRADEEP., ADVOCATE) AND: 1. SMT. THABASSUM BHANU AGED ABOUT 37 YEARS, W/O LATE TAJUDDIN 2. MS. MAHAJABEEN AGED ABOUT 15 YEARS, D/O TAJUDDIN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18986 WP No. 20513 of 2025 3. ZAFIA ZAINAB AGED ABOUT 4 YEARS, D/O TAJUDDIN SINCE RESPONDENTS NO.2 AND 3 ARE MINORS, REP. BY THEIR NATRUAL GUARDIAN, MOTHER-RESPONDENT NO.1 RESPONDENTS NO.1 TO 3 R/ AT WARD NO.11, SIDDANAYAKA CIRCLE, BABBUR ROAD, HIRIYUR TOWN, CHITRADURGA DISTRICT. 4. SRI. N. MAHADEVAPPA, AGED ABOUT 63 YEARS, S/O RAMAPPA, R/AT COOLI HOSAHALLI, UPPARIGENAHALLY POST, HOLAKKERE TALUK, CHITRADURGA DISTRICT- 577526 OWNER OF TRACTOR AND TRAILER BEARING NO. KA -16-T -5636 KAT -16 T-5637. …RESPONDENTS (BY SRI. N.R.RANGEGOWDA, ADVOCATE FOR R1 R-2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15-05-2025 PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT HIRIYUR IN MVC.NO.128/2025 AT ANNEXURE F ON APPLICATION UNDER SECTION 5 OF LIMITATION ACT AT ANNEXURE- B AND APPLICATION UNDER ORDER 7 RULE 11 (D) READ WITH SECTION 151 OF CPC AT ANNEXURE- D AND ETC. THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18986 WP No. 20513 of 2025 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 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 - 4 - HC-KAR NC: 2026:KHC:18986 WP No. 20513 of 2025 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. 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 - 5 - HC-KAR NC: 2026:KHC:18986 WP No. 20513 of 2025 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 LN List No.: 19 Sl No.: 15.101