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2026 DAILYLAW 8993 (KAR)

M/S ROYAL SUNDARAM GENERAL INSURANCE CO. LTD v. SRI RAJA SAB

WP/15126/2025 · 2026-03-27

Suraj Govindaraj

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18660 WP No. 15126 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. 15126 OF 2025 (GM-AC) BETWEEN: M/S ROYAL SUNDARAM GENERAL INSURANCE CO. LTD , VANI HONDA, NO. 711/1, P.B. ROAD SRI SAI INTERNATIONAL HOTEL DAVANAGERE-577 006 ALSO AT, NO. 1, CLUB HOUSE ROAD 2ND FLOOR, SUBRAMANIYAM BUILDING ANNASALAI CHENNAI-600 002 REP. BY STATE HEAD LEGAL & TP CLAIMS. …PETITIONER (BY SRI.P.B. RAJU., ADVOCATE) AND: 1. SRI. RAJA SAB SON OF BABU SAB AGED ABOUT 57 YEARS RESIDING AT 16TH CROSS, B.D. LAYOUT, DAVANAGERE TOWN, DAVANAGERE - 577 006 2. SRI. SIDDAVERAPPA BANAKAR SON OF MAHADEVAPPA BANAKAR, AGED ABOUT 24 YEARS RESIDING AT SATURU VILLAGE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18660 WP No. 15126 of 2025 HARAPPANA TALUK VIJAYANAGARA DISTRICT VIJAYANAGARA -583 134 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 22.02.2025 PASSED BY THE HONBLE III ADDL.SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE IN M.V.C. NO. 332/2023 AT ANNEXURE-A 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 preclude the Motor Accident Claims Tribunal from proceeding with the adjudication of claim petitions; however, it has been expressly - 3 - HC-KAR NC: 2026:KHC:18660 WP No. 15126 of 2025 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. - 4 - HC-KAR NC: 2026:KHC:18660 WP No. 15126 of 2025 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