Shriram Gic Ltd. Vs Smt Saira Banu — Company and Corporate | Karnataka HC (2026)

Shriram Gic Ltd. Vs Smt Saira Banu — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the Motor Accident Claims Tribunal to proceed with adjudication of the claim petition in M.V.C. No.5202/2022 on merits, but to defer pronouncement of the final judgment and award until the Supreme Court decides the maintainability question in SLP(C) Nos.8412–8413 of 2023.

Issue for consideration

Whether the Motor Accident Claims Tribunal may proceed with the adjudication of a claim petition under the Motor Vehicles Act, 1988 instituted beyond the prescribed six-month period, given that the question whether Section 5 of the Limitation Act, 1963 can be invoked for such belated claim petitions is pending before the Supreme Court.

Court's answer

In view of the consistent course adopted by Co-ordinate Benches of the High Court and since the maintainability question regarding claim petitions filed beyond six months is sub judice before the Apex Court, the Motor Accident Claims Tribunal is directed to proceed with the adjudication of the claim petition on merits.

Ratio / Principle

The Tribunal shall refrain from pronouncing the final judgment and award until the Supreme Court renders its decision in Special Leave to Appeal (C) Nos.8412–8413 of 2023 concerning the maintainability of claim petitions filed beyond the prescribed period of limitation.

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — Belated claim petition — Whether Section 5 of the Limitation Act, 1963 can be invoked to entertain a claim petition filed beyond the prescribed six-month period is sub judice before the Hon'ble Supreme Court in SLP(C) Nos. 8412–8413 of 2023 — Insurer (Shriram GIC Ltd.), by writ under Articles 226 and 227 of the Constitution, sought quashing of the Annexure-F order dated 21.05.2014 of the MACT (XV Addl. Small Causes Judge and XXIII ACMM, Bengaluru) in M.V.C. No. 5202/2022, whereby adjudication of the allegedly time-barred claim petition was permitted to proceed — Adopting the course consistently followed by Co-ordinate Benches of the High Court in similar matters, the Court directed the Tribunal to proceed with adjudication of the claim petition on merits, but to refrain from pronouncing the final judgment and award until the Supreme Court authoritatively decides the maintainability question — Writ petition disposed of.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 30575 OF 2024 (GM-AC)

BETWEEN:

SHRIRAM GIC LTD NO.5/4, 3RD FLOOR, SV ARCADE, BILIKALLALLI MAIN ROAD, IIMB POST, BENGALURU- 560076 REP BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956

…PETITIONER

(BY SRI. PRADEEP B., ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SMT SAIRA BANU W/O LATE JAVEED PASHA AGED ABOUT 29 YEARS,

MASTER SYED IBRAHIM KHALLEL ULLA, S/O LATE JAVEED PASHA, AGED ABOUT 8 YEARS

MASTER SYED ARFAN S/O LATE JAVEED PASHA AGED ABOUT 6 YEARS

SINCE 2^ND AND 3^RD RESPONDENTS

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ARE MINORS, WILL BE REPRESENTED BY THEIR MOTHER AND N/G SMT. SAIRA BANU

ALL ARE R/AT MAHABOOB NAGAR, NEAR UMAR MASJID, RAMANAGARAM, KARNATAKA- 562151.

NEHA YOGESH GANATRA W/O YOGESH BHARATH GANATRA NO.C/O B/702, SHETH RESIDENCY PARK, GAVANPADA, NEAR KRLA NAGRIK BANK, MULUND EAST, MUMBAI- 400081.

MOHAMMED ASGAR ALI MAJOR, NO.79, HOSABYROHALLI SULIKERE, BANGALORE- 560060.

THE MANAGER

IFFCO TOKIO GIC LTD., CUSTOMER SERVICE CENTRE, SRI SHANTHI MOTORS 5TH FLOOR, 141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR BANGALORE- 560043.

…RESPONDENTS

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-F DATED 21.05.2014 PASSED BY THE COURT OF THE XV ADDL. SMALL CAUSES JUDGE AND XXIII

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ACMM, BENGALURU ON I.A. FILED UNDER 151 IN MVC NO.5202/2022.

THIS PETITION, COMING ON FOR ORDERS, 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 passed by the Motor Accident Claims Tribunal in M.V.C. No.5202/2022 whereby the Tribunal has proceeded with the adjudication of the claim petition notwithstanding the contention of the petitioner that the claim petition itself is barred by limitation, having been instituted beyond the prescribed period of six months.

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

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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.

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 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

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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.

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 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.

However, the Tribunal shall refrain from

pronouncing the final judgment and award until the

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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

List No.: 2 Sl No.: 121

BVK