Sriram General Insurance Company Ltd. v. Smt Sharadamma
Case brief
What is this about?
Insurance company writ petition (Articles 226/227) against Tribunal order dt. 09.09.2025 in MVC 2580/2025 (XIII Addl. Judge, Small Causes & ACJM, Bengaluru) proceeding with a claim petition alleged to be time-barred beyond six months; insurer's Order VII Rule 11(d) r/w s.151 CPC r/w s.166(3) Motor Vehicle Act application. Maintainability of belated Motor Vehicles Act, 1988 claim petitions and applicability of s.5, Limitation Act 1963 condonation noted as sub judice in Supreme Court SLP(C) Nos.8412–8413 of 2023; HC follows Co-ordinate Bench course — Tribunal to adjudicate on merits but defer final judgment/award pending SC decision. Petition disposed of. Keywords: limitation, six-month period, condonation of delay, Order VII Rule 11(d), Section 166(3) MV Act, MVC claim petition, maintainability.
What did the court decide?
Writ petition disposed of with directions: the Motor Accident Claims Tribunal to proceed with adjudication of the claim petition on merits, but to defer pronouncement of the final judgment and award until the Hon'ble Supreme Court decides SLP(C) Nos.8412–8413 of 2023 on the maintainability of belated claim petitions.