Full Judgment Text
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NC: 2026:KHC:19489
WP No. 33026 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. 33026 OF 2025 (GM-AC)
BETWEEN:
ICICI LOMBARD GENERAL
INSURANCE COMPANY LTD.,
A COMPANY REGISTERED UNDER
COMPANIES ACT 2013
HAVING REGISTERED OFFICE AT
ICICI LOMBARD HOUSE, 414,
VEER SAVARKAR MARG,
NEAR SIDDHI VINAYAK TEMPLE,
PRABHADEVI, MUMBAI - 400025
REP. BY ITS MANAGING DIRECTOR,
ALSO AT
a. ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED
BRANCH OFFICE AT NO.27,
THIRD AND FOURTH FLOOR, SJR TOWERS,
BANNERGHATTA MAIN ROAD,
3RD PHASE, JP NAGAR,
BENGALURU - 560078
b. ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED,
INTERFACE BUILDING,
NO.16, 601/602, 6TH FLOOR,
NEW LINK ROAD, MALAD (WEST)
MUMBAI - 460064
COMPANIES UNDER SECTION 1956 ACT.
Digitally signed
by SHWETHA
RAGHAVENDRA
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:19489
WP No. 33026 of 2025
HC-KAR
…PETITIONER
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. MR VENKATESH VADDADI
S/O LATE V GANGA RAJU,
AGED ABOUT 53 YEARS,
RESIDING AT A1-1004
GOKULAM APARTMENTS,
DODDAKALLASANDRA,
KANAKAPURA ROAD,
BENGALURU - 560062.
2.
SUBRAMANYA K
S/O KRISHNAPPA,
AGED ABOUT 44 YEARS,
NO.91, VAJURAHALLI,
GANIGARAPALYA CROSS,
THALAGHATTAPURA POST,
KANAKAPURA ROAD, KARNATAKA.
…RESPONDENTS
(BY SRI. MENTO ISAC., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE
WRIT OR ORDER TO QUASH THE ORDER DATED 10.06.2025 ON
I.A.NO.I AS PER ANNEXURE-F PASSED BY THE COURT OF THE XXIII
ADDITIONAL SMALL CAUSES JUDGE AND ACJM, AT BENGALURU
(SCCH-25)UNDER SECTION 5 OF THE LIMITATION ACT CONDONING
THE DELAY OF 52DAYS IN FILING THE CLAIM PETITION IN MVC
NO.2946/2024 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
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NC: 2026:KHC:19489
WP No. 33026 of 2025
HC-KAR
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
directions to the Motor Accident Claims Tribunal to
proceed with the matters, subject to the limitation
imposed by the Hon’ble Supreme Court.
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NC: 2026:KHC:19489
WP No. 33026 of 2025
HC-KAR
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
maintainable, the Tribunal shall be at liberty to
proceed to pronounce and draw up the final
award in accordance with law;
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NC: 2026:KHC:19489
WP No. 33026 of 2025
HC-KAR
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.: 15.207.