The Authorised Claim Manager, Vs Smt. Geetha Jayaram… — Motor Accident Claims | Karnataka HC (2026)

The Authorised Claim Manager, Vs Smt. Geetha Jayaram… — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with the observation that the Tribunal's impugned order dated 28.02.2025 will be subject to the outcome of the pending matters before the Apex Court; the inquiry into the merits of the claim petition is to continue, but the Tribunal is to refrain from pronouncing its judgment and award until the Apex Court decides the pending question.

Issue for consideration

Whether a belated claim petition under Section 166 of the Motor Vehicles Act, 1988 (filed beyond six months from the date of accident) could be entertained with the delay condoned under Section 5 of the Limitation Act, 1963 — a question pending before the Apex Court and expressly not decided by this Court. +1 more

Ratio / Principle

With the Apex Court's stipulation that its pending matters shall not prevent Tribunals from adjudicating claim petitions but judgments shall not be finalized, 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.

Key takeaways

Under this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from pronouncing its judgment and award, so that the decision on the merit of the claim petition will otherwise be subject to the Apex Court's decision on the said question.ratio¶40

Detailed headnote1 paragraphs

Karnataka High Court (B M Shyam Prasad, J.) disposed of an insurer's writ petition challenging the maintainability of a belated Section 166 Motor Vehicles Act claim petition (MVC No.135/2023, Tribunal order dated 28.02.2025 allowing the claimant's Section 5 Limitation Act condonation application and rejecting the insurer's Order VII Rule 11[d]/Section 151 CPC/Section 166(3) application). Since the identical question — whether a belated claim petition can be entertained with delay condoned under Section 5 of the Limitation Act, 1963 — is pending before the Apex Court (SLP Nos.8412-8413/2023; WP [Civil] No. 166/2024 and connected matters), and the Apex Court's interim order dated 16.12.2025 permits Tribunals to continue adjudication but stipulates that judgments shall not be finalized, the Court held that the Tribunal's impugned order will be subject to the outcome before the Apex Court; the merits inquiry continues but the Tribunal is to refrain from pronouncing judgment and award meanwhile. The substantive limitation question was expressly left open to the Apex Court and was not decided by this Court.

Procedural history

How this case reached the court

AI extract

Order under challenge
Common order of the Tribunal dated 28.02.2025 (Annexure-D) allowing the claimant's application for condonation of delay under Section 5 of the Limitation Act, 1963 and rejecting the Insurer's application under Order VII Rule 11[d] r/w Section 151 CPC r/w Section 166(3) of the Motor Vehicles Act; under challenge in this writ petition.¶34
I Additional District Judge and MACT-II, Dakshina Kannada, Mangaluru (the Tribunal) · 28.02.2025
Prior proceeding
Claim petition MVC No.135/2023 pending before the Tribunal; the Insurer (petitioner) is called upon to answer the claim under Section 166 of the Motor Vehicles Act, 1988.¶30
Prior proceeding
Claimant filed an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the claim petition.¶30
Prior proceeding
Petitioner/Insurer filed an application under Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 read with Section 166(3) of the Act.¶34
Prior proceeding
Insurer's contention: the claim petition is not maintainable because it was filed beyond six months from the date of accident.¶34
Prior proceeding
Prayer in the writ petition: quash the Annexure-D order dated 28-02-2025 of the 1st Addl. District Judge and MACT-II, D.K. Mangaluru passed on the application under Order 7 Rule 11 CPC read with Section 166(3) (Amendment Act 2019) in MVC No.135/2023; writ filed under Articles 226 and 227 of the Constitution.¶27
Prior proceeding
The question whether a belated claim petition could be entertained with delay condoned under Section 5 of the Limitation Act, 1963 is pending before the Apex Court.¶35
Prior proceeding
The pending matters comprise SLP Nos.8412-8413/2023, WP [Civil] No. 166/2024 and connected matters before the Apex Court.¶35
Prior proceeding
Apex Court interim order dated 16.12.2025 observing that pendency of the writ petitions/special leave petitions before it shall not obstruct adjudication of claim petitions by Tribunals, with the stipulation that judgments shall not be finalized.¶35
Prior proceeding
Stipulation in the Apex Court's interim order: claim petitions may continue to be adjudicated by Tribunals, but judgments shall not be finalized.¶39