Full Judgment Text
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NC: 2026:KHC:19671
WP No. 35069 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 35069 OF 2025 (GM-AC)
BETWEEN:
THE MANAGER
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD.,
ST
NO. 35, 1 FLOOR,
NEAR AKSHAYA BHANDAR,
NEW KANTHARAJ URS ROAD,
KUVEMPU NAGAR,
MSYURU-570023.
NOW REP. BY
IFFCO TOKIO GENERAL
INSURANCE COMPANY LIMITED.
TP HUB, SRI. SHANTHI TOWERS,
TH RD
5 FLOOR, NO.141, 3 MAIN,
EAST OF NGEF LAYOUT,
KASTURI NAGAR, BANGALORE 560 043.
REPRESENTED BY ITS MANAGER
(COMPANY REGISTERED UNDER COMPANY ACT-1956)
…PETITIONER
(BY SRI. B. PRADEEP.,ADVOCATE)
AND:
1. SOWBHAGYA,
C/O. LATE. NAGANAYAKA,
AGED ABOUT 53 YEARS.
2. CHIKKARANGA NAYAKA,
S/O. LATE. NAGANAYAKA,
AGED ABOUT 53 YEARS.
Digitally signed
by SHWETHA
RAGHAVENDRA
Location: HIGH
COURT OF
KARNATAKA
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WP No. 35069 of 2025
HC-KAR
3. MAHADEVAMMA,
S/O. LATE. NAGANAYAKA,
AGED ABOUT 38 YEARS.
R/AT AICHGUNDLA VILLAGE,
KASABA HOBLI, NANJANGUDU TALUK,
MYSORE DISTRICT-571301
4. LAKSHAMMA,
D/O. LATE NAGANAYAKA,
AGED ABOUT 25 YEARS.
R/AT HARATHALE VILLAGE,
KASABA HOBLI, NANJANGUDU TALUK,
MYSORE DISTRICT-571301
5. SHIVAKANNA NAYAKA,
S/O. NAGANAYAKA,
AGED ABOUT 37 YEARS.
6. JAYALAKSHMI,
D/O. NAGANAYAKA,
AGED ABOUT 25 YEARS.
R/AT HARATHALE VILLAGE, KASABA HOBLI,
NANJANGUDU TALUK,
MYSORE DISTRICT. 571301
ST ND TH
1 , 2 & 5 RESPONDENT ARE
R/AT HOSKOTE VILLAGE,
KASABA HOBLI,
NANJANGUDU TALUK,
MYSORE DISTRICT-571301.
7. AFRIN,
S/O. NISHAD,
AGED ABOUT 21 YEARS,
R/AT THARAYIL HOUSE, CHANDAKUNNU,
MEPADI POST, WAYNAD,
KERALA-673577
…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
QUASH THE ORDERS ON IA NO.III DATED 24.07.2025 BY THE
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NC: 2026:KHC:19671
WP No. 35069 of 2025
HC-KAR
COURT OF SENIOR CIVIL JUDGE & JMFC, NANJANGUD IN MVC
NO.2253/2024 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.
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WP No. 35069 of 2025
HC-KAR
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.
5. It is further clarified that the ultimate outcome of the
proceedings before the Tribunal shall abide by the
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WP No. 35069 of 2025
HC-KAR
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
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