Remanded

The Divisional Manager, the New India Insurance Co. Ltd., v. Sri Timmanna Alias a K Thimmanna

Karnataka HC21 Jan 2026WP/36484/2025

Case brief

AI extract

What is this about?

In a writ petition filed by an insurer against a Motor Accident Claims Tribunals order admitting a belated claim, the Court allowed the petition but held the Tribunal must continue the inquiry while refraining from final judgment until the Supreme Court decides on delay condonation.

What did the court decide?

The pending matters before the Tribunal shall continue but the Tribunal shall refrain from pronouncing any judgment or award pending the outcome in the Supreme Court.

The Divisional Manager, the New India Insurance Co… — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:3353 WP No. 36484 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 36484 OF 2025 (GM-AC)

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BETWEEN:

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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THE DIVISIONAL MANAGER, THE NEW INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, A.M ARCADE, NEAR VIDYARTHI BHAVAN. C.G. HOSPITAL ROAD, DAVANAGERE-577002 REPRESENTED BY THE NEW INDIA INSURANCE CO. LTD.. THE REGIONAL MANAGER, REGIONAL OFFICE, THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, II FLOOR, M.G. ROAD. BENGALURU-560001.

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…PETITIONER

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(BY SMT. MANJULA N TEJASWI.,ADVOCATE)

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2 - NC: 2026:KHC:3353 WP No. 36484 of 2025

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HC-KAR

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AND:

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SRI TIMMANNA ALIAS A. K. THIMMANNA S/O BASANNA @ A.K. BASAPPA, AGED ABOUT 61 YEARS, OCC: COOLIE R.C. OWNER OF GOODS AUTO BEARING NO. KA-17-E-9552, R/O GOWRAMMANAHALLI VILLAGE, JAGALUR TALUK-577528 DISTRICT DAVANAGERE-577001.

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SRI MAHANTESHA S/O VENKATESHAPPA, AGE 33 YEARS, DRIVER OF LORRY BEARING NO. KA-34-C-4397, R/O BEDARASHIVANAKERE VILLAGE, TALUK AND DISTRICT CHITRADURGA-577501.

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MADHUSUDHAN T S/O B.S. THIPPESWAMY AGED ABOUT 35 YEARS, OCC: OWNER OF LORRY BG.NO.KA-34-C-4397 R/O NEAR MILK DIARY, K.BALLEKATTE VILLAGE, TALUK AND DISTRICT CHITRADURGA-577501 AND ALSO R/O NO. 10, RIGHT SIDE, WARD NO. 31, BATHRI ROAD, OPP CRISATIAN MAMADI, VIDYANAGARA, CONTONMENT, HAGARIBEMMENAHALLI,

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NC: 2026:KHC:3353 WP No. 36484 of 2025

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HC-KAR

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BELLALRY DISTRICT-583101.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS IN MVC 356/2024 PENDING BEFORE THE LEARNED SENIOR CIVIL JUDGE AND MACT, DAVANAGERE; B) SET ASIDE THE ORDER PASSED BY SENIOR CIVIL JUDGE AND MACT, DAVANAGERE PASSED ON I.A.I IN MVC 356/2024 VIDE ORDER DATED 27/08/2025, PRODUCED AS ANNEXURE-E AND ALLOW THE WRIT PETITION FILED BY PETITIONER INSURANCE CO.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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This petition is by the Insurer who is called upon to answer a claim under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the Act' ] in the claim petition in MVC No.356/2024 on the file of the Senior Civil Judge, Davanagere [for short, ' the

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NC: 2026:KHC:3353 WP No. 36484 of 2025

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HC-KAR

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Tribunal ']. If the claimant has filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition, the petitioner has filed an application under Section 166[3] of the Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by the common impugned order dated 07.08.2025, has allowed the application filed by the claimant rejecting the application filed by the petitioner.

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The question: whether a belated claim petition could be entertained condoning the delay under Section 5 of the Limitation Act, 1963 is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ petition in WP [Civil] No. 166/2024 and connected matters. It remains undisputed that the Apex Court by its interim order dated 16.12.2025 has observed that the pendency of the writ petitions/special leave petitions before it

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NC: 2026:KHC:3353 WP No. 36484 of 2025

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HC-KAR

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shall not come in the way of the claim petitions being adjudicated by the Tribunals but with the stipulation that judgments shall not be finalized.

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This Court is of the considered view that with the afore-stipulation, 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. With 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 otherwise will be subject to the Apex Court’s decision on the afore question.

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The petition stands disposed of accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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The Divisional Manager, the New India Insurance Co. Ltd., v. Sri Timmanna Alias a K Thimmanna

Case brief

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The Divisional Manager, the New India Insurance Co. Ltd., v. Sri Timmanna Alias a K Thimmanna

Case brief

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