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2026 DAILYLAW 9132 (KAR)

M/S TATA AIG GEN.INS.CO.LTD., v. SRI. R.K. RAMU

WP/27842/2025 · 2026-03-27

Suraj Govindaraj

Special Leave Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19084 WP No. 27842 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. 27842 OF 2025 (GM-AC) BETWEEN: M/S TATA AIG GEN.INS.CO.LTD., NO. 69, 3RD FLOOR JP DEVI AND JAMBUKESHWARA ARCADE MILLERS ROAD BANGALORE - 560 053 REPRESENTED BY ITS MANAGER …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. SRI. R.K. RAMU S/O. LATE D RAMAIAH AGED ABOUT 66 YEARS R/A. NO. 61, 1ST MAIN ROAD NANDINI LAYOUT BANGALORE - 560 096 2. MR. MUKUNDA H.S S/O. SURESH H.V MAJOR IN AGE R/A. CHAMUNDESHWARI LAYOUT GANGONDANAHALLI DASANAPURA HOBLI BANGALORE NORTH TALUK - 562 162. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19084 WP No. 27842 of 2025 QUASH THE ORDERS DATED 14.07.2025 PASSED BY THE HONBLE XXI ADDITIONAL SMALL CAUSES JUDGE AND A.C.J.M. AT BENGALURU IN M.V.C. NO. 3093/2024 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 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 - 3 - HC-KAR NC: 2026:KHC:19084 WP No. 27842 of 2025 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. 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. - 4 - HC-KAR NC: 2026:KHC:19084 WP No. 27842 of 2025 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 List No.: 19 Sl No.: 0