Full Judgment Text
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WP No. 27907 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 7 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 27907 OF 2025 (GM-AC)
BETWEEN:
M/S IFFCO TOKIO
GENERAL INSURANCE COMPANY LIMITED,
TH
NO.141, 5 FLOOR
SRI SHANTHI TOWERS
RD
3 MAIN N.G.E.F LAYOUT
KASTURINAGAR
BANGALORE - 560 043
REPRESENTED BY ITS MANAGER
REGISTERED UNDER COMPANY ACT - 1956
…PETITIONER
(BY SRI. B. PRADEEP, ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
1. SRI RAMESH
S/O. LATE RANGAIAH
AGED ABOUT 49 YEARS
R/A. HANUMEGOWDANAPALYA VILLAGE
KASABA HOBLI, KUNIGAL TALUK
TUMKUR DISTRICT - 572 130
2. MR. GANGANNA
S/O. KALABORAIAH
MAJOR IN AGE
R/A. BYALADKERE VILLAGE
YADIYUR HOBLI
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KUNIGAL TALUK
TUMKUR DISTRICT - 572 130
…RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT TO
QUASH THE ORDERS DATED 02.08.2025 PASSED BY THE
HONBLE I ADDITIONAL SMALL CAUSES JUDGE AND A.C.J.M.
AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-11) AT
BENGALURU IN M.V.C. NO. 5608/2024 AT ANNEXURE-A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed by the Insurance
Company calling in question the order dated 02.08.2025
passed by the Additional Small Causes Judge & ACJM &
the Motor Accident Claims Tribunal (SCCH-11), Bengaluru
in M.V.C. No.5608/2024, whereby the Tribunal has
proceeded with the adjudication of the claim petition
notwithstanding the contention of the petitioner that the
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claim petition itself is barred by limitation, having been
instituted beyond the prescribed period of six months.
2. Learned counsel appearing for the petitioner–
Insurance Company submits that the Tribunal has
committed an error in proceeding with the claim petition
despite the admitted fact that the claim petition has been
filed beyond the statutory period of six months. In support
of his contention, learned counsel has placed reliance on a
judgment rendered by a Co-ordinate Bench of this Court,
wherein the question relating to the maintainability of
claim petitions filed beyond the prescribed period and the
applicability of Section 5 of the Limitation Act, 1963, for
condonation of delay in such matters has been examined.
3. Having examined the judgment relied upon by the
learned counsel for the petitioner, this Court is informed
that the very same question, namely, whether a belated
claim petition under the Motor Vehicles Act, 1988 can be
entertained by invoking Section 5 of the
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Limitation Act, 1963 for condonation of delay beyond the
statutory period, is presently under consideration before
the Hon’ble Apex Court in Special Leave to Appeal (C)
Nos.8412–8413 of 2023. It is also brought to the notice of
this Court that in several similar matters, Co-ordinate
Benches of this Court, while taking note of the pendency
of the aforesaid Special Leave Petitions before the Hon’ble
Supreme Court, have disposed of writ petitions with an
observation that the pendency of the matter before the
Hon'ble Apex Court shall not come in the way of the
Tribunal proceeding with the adjudication of the claim
petitions. However, the Tribunal has been directed to defer
the pronouncement of the final judgment and award until
the issue regarding maintainability of such belated claim
petitions is authoritatively decided by the Hon’ble Supreme
Court.
4. In the light of the consistent view taken by the
Co-ordinate Benches of this Court and bearing in mind that
the issue concerning the maintainability of claim petitions
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filed beyond the period of six months is presently sub
judice before the Hon’ble Apex Court, this Court deems it
appropriate to adopt the same course. Accordingly, the
Motor Accident Claims Tribunal is directed to proceed with
the adjudication of the claim petition on merits.
5. However, the Tribunal shall refrain from
pronouncing the final judgment and award until the
Hon’ble Supreme Court renders its decision in the
aforesaid Special Leave Petitions concerning the
maintainability of claim petitions filed beyond the
prescribed period of limitation.
With these observations and directions, the writ
petition stands disposed of.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
GJM
List No.: 3 Sl No.: 11