Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17977 OF 2026 (GM-AC) BETWEEN:
1. THE MANAGER
IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. KSCMF BLDGS, 3RD FLOOR, 3RD BLOCK, NO. 8, CUNNINGHAM ROAD, BENGALURU, KARNATAKA-560052. NOW REP. BY THE MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. SHANTHI TOWERS, 5TH FLOOR, NO. 141, 3RD MAIN, EAST TO NGEF LAYOUT, KASTHURINAGAR, BENGALURU-560001
Digitally signed by REPRESENTED BY ITS MANAGER, SHWETHA NARENDRAN.S RAGHAVENDRA Location: HIGH COMPANY REGISTERED UNDER COURT OF COMPANY ACT-1956 KARNATAKA …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND:
1. SMT. SUMANGALA W/O HANUMANTHA, AGED ABOUT 32 YEARS R/O JAGATAGAL, RAICHUR-584126 -2-
2. SMT. SRIVIDHYA @ SRIVIDHYA SELVAKUMAR
W/O SELVAKUMAR, AGED ABOUT MAJOR, R/O NO.29C/4, MARAPPUR MAIN ROAD, KARIMANGALAM TALUK, DHARMAPURI, TAMIL NADU-635111 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS ON IA NO.I DATED 06-04-2026 PASSED BY THE COURT OF THE JUDGE AND ACJM, COURT OF SMALL CAUSES, BENGALURU IN M.V.C. NO.7597/2024 AT ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Notice to respondents dispensed with in view of proposed orders to be passed.
2. 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. -3-
3. 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.
4. 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-
5. 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:-
5.1. 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; 5.2. 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.
6. 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-
6.1. 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; 6.2. 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.
7. With the above observations, the Writ Petition stands disposed off. Sd/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 11