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2026 DAILYLAW 8940 (KAR)

THE BRANCH MANAGER v. R RANGASWAMY

WP/24132/2025 · 2026-03-27

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18999 WP No. 24132 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. 24132 OF 2025 (GM-AC) BETWEEN: THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, OPPOSITE JAGALUR MAHALINGAPPA TOWER, B.D.ROAD, CHITRADURGA-577501 REGISTERED UNDER THE COMPANIES ACT. ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 001 REPRESENTED BY MANAGER LEGAL. …PETITIONER (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. R RANGASWAMY S/O RAMANNA, AGED ABOUT 17 YEARS, STUDENT, MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER SMT.T.THIMMAKKA W/O M.S.RAMANNA, AGED ABOUT 36 YEARS, RESIDENT OF ANNEHAL VADDARAHATTI, ANNEHAL POST-577555, CHIRADURGA TALUK AND POST. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18999 WP No. 24132 of 2025 2. THE HEADMASTER SRI MOKSHAGUNDAM VISHVESHVARAIAH VIDYA MANDIRA, BEHIND TALUK OFFICE, PARK ROAD, HIRIYUR-577598. …RESPONDENTS (R1 AND R2 SERVED AND UNREPRESENTED. THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.05.2025 ON IS NO. 1 AS PER ANNEXURE-G PASSED BY THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT CHITRADURGA UNDER SECTION 5 OF THE LIMITATION ACT CONDONING THE DELAY OF 8 1/2 MONTHS IN FILING THE CLAIM PETITION AND ALLOW IA NO. 3 FILED ORDER 7 RULE 11(d) WITH SECTION 166(3) AS THE CLAIM PETITION IS BARRED BY LIMITATION 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 - 3 - HC-KAR NC: 2026:KHC:18999 WP No. 24132 of 2025 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 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:18999 WP No. 24132 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 LN List No.: 19 Sl No.: 15.113