The Authorized Claim Settle Manager v. Smt Geethamma
Case brief
What is this about?
Karnataka High Court at Bengaluru, WP No. 29845 of 2024 (GM-AC), decided 14-08-2025 by Anu Sivaraman, J. Insurer's writ petition against common order dated 04.07.2024 of Senior Civil Judge and JMFC, Hiriyur in MVC No.1157/2023 condoning delay in filing claim petition and rejecting insurer's application under Order VII Rule 11(d) read with Section 151 CPC; petition dismissed as not maintainable since efficacious alternative remedy of appeal lies under the Motor Vehicle Act, 1988; delay condonation held justified. Keywords: condonation of delay; Order VII Rule 11(d) CPC; Section 151 CPC; alternative remedy; maintainability; motor vehicle accident claim; ICICI Lombard; Hiriyur; Chitradurga.
What did the court decide?
The impugned common order contains justifiable reasons for condoning the delay in filing the claim petition and for rejecting the application filed by the writ petitioner under Order 7 Rule 11 of the Code of Civil Procedure, 1908.