M/S ROYAL SUNDARAM GENERAL INSURANCE CO.LTD., v. SMT. HARSHITHA H P
WP/16114/2025 · 2026-03-27
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9891 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9891 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18667 WP No. 16114 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. 16114 OF 2025 (GM-AC)
BETWEEN:
M/S ROYAL SUNDARAM GENERAL INSURANCE CO.LTD., NO.30, A.N.R CITY CENTRE, IBOIS BUILDING, RAJARAM MOHAN ROY ROAD, SAMPANGI RAM NAGAR, BANGALORE-560027 REPRESENTED BY ITS MANAGER,
ALSO AT NO.1, CLUB HOUSE ROAD, 2ND FLOOR, SUBRAMANIYAM BUILDING, ANNASALAI, CHENNAI-600002. …PETITIONER (BY SRI.P.B.RAJU., ADVOCATE) AND:
1.
SMT. HARSHITHA H P W/O LATE MANOHARA.B.R , AGED ABOUT 32 YEARS,
2.
BHUVAN M GOWDA S/O LATE MANOHARA B R , AGED ABOUT 10 YEARS,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18667 WP No. 16114 of 2025
3.
RENITH GOWDA S/O LATE MANOHARA B R , AGED ABOUT 4 YEARS,
4.
SMT B R LEELAVATHI W/O V M RAMESHA, AGED ABOUT 58 YEARS,
5.
SRI V M RAMESHA S/O LATE B P MUTTANNA, AGED ABOUT 60 YEARS,
ALL ARE R/AT BETTADAHALLI VILLAGE, SHANTHAHALLI HOBLI, SOMAVARAPETE TALUK, KODAGU DISTRICT-571236
PRESENTLY R/AT WARD NO.34, CHANNAPATTANA, HASSAN CITY, HASSAN-573201
6.
SRI.BARKATH ALI TOBO LOGISTICS, NEAR SANJEEVINI HOSPITAL, JAYANAGARA MAIN ROAD, HIRIYURU TALUK, CHITRADURGA -572143 …RESPONDENTS (BY SRI.N.R.RANGEGOWDA, ADVOCATE FOR R6 R-4 AND R-5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DTD 19.12.2024 PASSED BY THE HON'BLE PRL. SENIOR CIVIL JUDGE AND CJM, HASSAN IN M.V.C. NO. 1277/2023 AT ANNEXURE–A AND ETC.
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HC-KAR NC: 2026:KHC:18667 WP No. 16114 of 2025
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 in connected matters, it is submitted that this petition may be disposed of with appropriate
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HC-KAR NC: 2026:KHC:18667 WP No. 16114 of 2025
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.
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
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HC-KAR NC: 2026:KHC:18667 WP No. 16114 of 2025
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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