The Branch Manager v. Mr. Emmanuel D Souza
Case brief
What is this about?
Karnataka HC (B M Shyam Prasad, J.), WP No. 39810 of 2025 (GM-AC), disposed 08.01.2026. Insurer HDFC ERGO challenged MACT Virajpet orders dated 13.08.2025 in MVC No.64/2024 condoning 106 days' delay under Section 5 Limitation Act 1963 and rejecting insurer's Section 166(3) MV Act / Section 151 CPC objection (claim filed beyond six months of accident). Disposal made subject to pending Apex Court matters SLP Nos.8412-8413/2023 and WP (Civil) No. 166/2024; per Apex Court interim order dated 16.12.2025, adjudication before Tribunal continues but judgment and award not to be finalized. Keywords: Section 166(3) MV Act six-month bar; condonation of delay; belated claim petition; subject to Apex Court outcome.
What did the court decide?
Petition disposed of: the Tribunal's impugned orders dated 13.08.2025 in MVC No.64/2024 are made subject to the outcome of the pending matters before the Apex Court; the inquiry into the merits of the claim petition will continue, but the Tribunal is to refrain from pronouncing its judgment and award until the Apex Court decides the question.