Full Judgment Text
- 1 -
NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 25 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 2480 OF 2026 (GM-AC)
BETWEEN:
SRIRAM GENERAL INSURANCE
COMPANY LTD.
TH TH ND
NO. 25 , 36 CROSS, 2 BLOCK,
RAJAJINAGARA, BENGALURU-560010.
NOW REP. BY
M/S SHRIRAM GENERAL
INSURANCE COMPANY LTD.,
RD
NO 5/4, 3 FLOOR, S.V.R ARCADE,
BINALAKALLI MAIN ROAD,
BILEKAHALLI OF B.G.ROAD,
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
IIMB POST, BANGALORE-76.
REP. BY ITS MANAGER LEGAL.
…PETITIONER
(BY SRI. B C SHIVANNE GOWDA., ADVOCATE)
AND:
1. SMT MANJULA
W/O GOVINDARAJU
AGED ABOUT 54 YEARS
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NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
R/AT THOGAREGHATTA VILLAGE,
HOLAVANAHALLI VILLAGE,
KORATAGERE TALUK,
TUMAKUR DISTRICT - 572 121
2. SRI. T. PRANESH RAO,
S/O SEETHARAM RAO
R/AT WARD NO.15, JOGERVADA,
GANGAVATHI TALUK,
KOPPALA DISTRICT - 583 222
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 09.09.2025 PASSED BY
THE COURT OF THE XIII ADDITIONAL JUDGE, COURT
OF SMALL CAUSES AND ACJM AT BENGALURU NO
2582/2025 AT ANNEXURE-E ON THE APPLICATION
FIELD ORDER VII RULES 11(d) R/W 151 OF CIVIL
PROCEDURE CODE AT ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
ORAL ORDER
This petition is by the Insurer who is called
upon to answer a claim under Section 166 of the
'the Act'
Motor Vehicles Act, 1988 [for short, ] in the
claim petition in MVC No.2582/2025 on the file of the
XIII Additional Judge, Court of Small Causes and
the Tribunal
ACJM, Bengaluru [for short, ' ']. If the
claimant has filed an application under Section 5 of
the Limitation Act, 1963 for condonation of the delay
in filing the claim petition, the petitioner has filed an
application under Order VII Rule 11[d] of the Code of
Civil Procedure, 1908 read with Section 166[3] of the
Act contending that the claim petition is not
maintainable because it is filed beyond six months
from the date of accident. The Tribunal, by the
common impugned order dated 09.09.2025, has
allowed the application filed by the claimant rejecting
the application filed by the petitioner.
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NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
The question: whether a belated claim petition
could be entertained condoning the delay under
Section 5 of the Limitation Act, 1963 is pending with
the Apex Court in SLP Nos.8412-8413/2023 and
similar matters in the writ petition in WP [Civil] No.
166/2024 and connected matters. It remains
undisputed that the Apex Court by its interim order
dated 16.12.2025 has observed that the pendency of
the writ petitions/special leave petitions before it
shall not come in the way of the claim petitions being
adjudicated by the Tribunals but with the stipulation
that judgments shall not be finalized.
This Court is of the considered view that with
the afore-stipulation, this petition must be disposed
of observing that the Tribunal's impugned order will
be subject to the outcome in the pending matters
before the Apex Court. With this arrangement, the
inquiry into the merits of the claim petition will
continue, but the Tribunal will refrain from
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NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
pronouncing its judgment and award so that the
decision on the merit of the claim petition otherwise
will be subject to the Apex Court’s decision on the
afore question.
The petition stands disposed of accordingly.
Sd/-
(B M SHYAM PRASAD)
JUDGE
NV
List No.: 4 Sl No.: 30
NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 25 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 2480 OF 2026 (GM-AC)
BETWEEN:
SRIRAM GENERAL INSURANCE
COMPANY LTD.
TH TH ND
NO. 25 , 36 CROSS, 2 BLOCK,
RAJAJINAGARA, BENGALURU-560010.
NOW REP. BY
M/S SHRIRAM GENERAL
INSURANCE COMPANY LTD.,
RD
NO 5/4, 3 FLOOR, S.V.R ARCADE,
BINALAKALLI MAIN ROAD,
BILEKAHALLI OF B.G.ROAD,
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
IIMB POST, BANGALORE-76.
REP. BY ITS MANAGER LEGAL.
…PETITIONER
(BY SRI. B C SHIVANNE GOWDA., ADVOCATE)
AND:
1. SMT MANJULA
W/O GOVINDARAJU
AGED ABOUT 54 YEARS
- 2 -
NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
R/AT THOGAREGHATTA VILLAGE,
HOLAVANAHALLI VILLAGE,
KORATAGERE TALUK,
TUMAKUR DISTRICT - 572 121
2. SRI. T. PRANESH RAO,
S/O SEETHARAM RAO
R/AT WARD NO.15, JOGERVADA,
GANGAVATHI TALUK,
KOPPALA DISTRICT - 583 222
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 09.09.2025 PASSED BY
THE COURT OF THE XIII ADDITIONAL JUDGE, COURT
OF SMALL CAUSES AND ACJM AT BENGALURU NO
2582/2025 AT ANNEXURE-E ON THE APPLICATION
FIELD ORDER VII RULES 11(d) R/W 151 OF CIVIL
PROCEDURE CODE AT ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
- 3 -
NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
ORAL ORDER
This petition is by the Insurer who is called
upon to answer a claim under Section 166 of the
'the Act'
Motor Vehicles Act, 1988 [for short, ] in the
claim petition in MVC No.2582/2025 on the file of the
XIII Additional Judge, Court of Small Causes and
the Tribunal
ACJM, Bengaluru [for short, ' ']. If the
claimant has filed an application under Section 5 of
the Limitation Act, 1963 for condonation of the delay
in filing the claim petition, the petitioner has filed an
application under Order VII Rule 11[d] of the Code of
Civil Procedure, 1908 read with Section 166[3] of the
Act contending that the claim petition is not
maintainable because it is filed beyond six months
from the date of accident. The Tribunal, by the
common impugned order dated 09.09.2025, has
allowed the application filed by the claimant rejecting
the application filed by the petitioner.
- 4 -
NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
The question: whether a belated claim petition
could be entertained condoning the delay under
Section 5 of the Limitation Act, 1963 is pending with
the Apex Court in SLP Nos.8412-8413/2023 and
similar matters in the writ petition in WP [Civil] No.
166/2024 and connected matters. It remains
undisputed that the Apex Court by its interim order
dated 16.12.2025 has observed that the pendency of
the writ petitions/special leave petitions before it
shall not come in the way of the claim petitions being
adjudicated by the Tribunals but with the stipulation
that judgments shall not be finalized.
This Court is of the considered view that with
the afore-stipulation, this petition must be disposed
of observing that the Tribunal's impugned order will
be subject to the outcome in the pending matters
before the Apex Court. With this arrangement, the
inquiry into the merits of the claim petition will
continue, but the Tribunal will refrain from
- 5 -
NC: 2026:KHC:11664
WP No. 2480 of 2026
HC-KAR
pronouncing its judgment and award so that the
decision on the merit of the claim petition otherwise
will be subject to the Apex Court’s decision on the
afore question.
The petition stands disposed of accordingly.
Sd/-
(B M SHYAM PRASAD)
JUDGE
NV
List No.: 4 Sl No.: 30