Full Judgment
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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. 1016 OF 2025 (GM-AC) BETWEEN: THE MANAGER NATIONAL INSURANCE CO. LTD., MYSORE BRANCH, NO.371/A 1ST FLOOR, PRESTIGE SHOPPING ARCADE, RAMASWAMY CIRCLE, MYSORE - 570024 NOW REP BY DEPUTY MANAGER NATIONAL INSURANCE CO LTD REGIONAL OFFICE NO 144, 2ND FLOOR, SUBHRAM COMPLEX, M G ROAD, BANGALORE - 560001 Digitally signed …PETITIONER by SHWETHA RAGHAVENDRA (BY SRI. A M VENKATESH., ADVOCATE) Location: HIGH COURT OF AND: KARNATAKA
1. VARGHESE M J LATE JOSEPH MARUMGOLI, AGED ABOUT 66 YEARS, R/AT PARISHARANAGARA, PIRIYAPATNA TOWN PIRIYAPATNA TALUK MYSORE DISTRICT
2. KARYAPPA.K.C S/O CHATTIYAPPA.K.S -2- AGED ABOUT 62 YEARS, R/AT P B NO 106, BROUK SIDE ESTATE POOJAKALLU KUTTY VILLAGE SRIMANGALA HOBLI, VIRAJPET TALUK, KODAGU DISTRICT. …RESPONDENTS (BY SRI.RUPESH KUMAR.S., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
AS PER ANNX-E THE ORDER DTD 25.7.2024 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT PIRIYAPATNA UNDER
ORDER 7 RULE 11(d) R/W 151 OF THE CIVIL PROCEDURE CODE R/W
SECTION 166(3) OF THE MOTOR VEHICLE ACT IN MVC NO. ALLOW THE APPLICATION NO. II/2024 FILED BY THE PETITIONER AS PER ANX-D AND FURTHER HELD THAT THE CLAIM PETITION FILED BY THE R-1 AS PER ANNX-B IS NOT MAINTAINABLE. 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 -3-
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 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- 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 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.: 0