The Manager Vs K Thimmaiah — Motor Accident Claims | Karnataka HC (2026)

The Manager Vs K Thimmaiah — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with observations and directions: the Tribunal to continue adjudication of the claim petition on merits, but to defer pronouncement of the final judgment and award until the Supreme Court decides SLP(C) Nos. 8412-8413 of 2023 on the maintainability of belated claim petitions.

Issue for consideration

Whether the Motor Accident Claims Tribunal erred in proceeding with adjudication of M.V.C. No. 837/2023 despite the claim petition having been instituted beyond the prescribed six-month period, i.e., whether the belated claim petition is maintainable. +1 more

Court's answer

In light of the consistent view taken by Co-ordinate Benches of this Court and since the maintainability issue is sub judice before the Hon'ble Apex Court, this Court adopted the same course and directed the Motor Accident Claims Tribunal 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 Hon'ble 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

Limitation - Maintainability of belated motor accident claim petitions - Insurance Company challenged the Tribunal's order proceeding with M.V.C. No. 837/2023 despite the claim petition being filed beyond the prescribed six-month period, and sought quashing of the order dated 10-06-2025 on IA No. I and allowance of its application under Order VII Rule 11 r/w S.151 CPC and S.166(3) MV Act - The question whether a belated claim petition under the Motor Vehicles Act, 1988 can be entertained by invoking S.5 of the Limitation Act, 1963 is sub judice before the Hon'ble Supreme Court in SLP(C) Nos. 8412-8413 of 2023 - Following the consistent course adopted by Co-ordinate Benches, the High Court directed the Tribunal to proceed with adjudication on merits but to refrain from pronouncing the final judgment and award until the Supreme Court decides the maintainability issue - Writ petition disposed of.

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NC: 2026:KHC:14974 WP No. 8087 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 8087 OF 2026 (GM-AC)

BETWEEN:

Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

THE MANAGER SBI GENERAL INSURANCE CO. LTD. NATARAJ, 101, 201 AND 301, JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI-400069 NOW REP. BY SBI GENERAL INSURANCE CO. LTD., 1ST FLOOR, RUKMINI TOWERS, PLATFORM ROAD, NEAR MANTRI MALL. SHESHADRIPURAM, BENGALURU-560020

REP. ITS MANAGER, ANANDA. M COMPANY REGISTERED UNDER COMPANY ACT-1956 …PETITIONER

(BY SRI. B. PRADEEP., ADVOCATE)

AND:

K THIMMAIAH S/O. KARIYAPPA, AGED ABOUT 53 YEARS. R/O. BURUDUKUNTE VILLAGE, SUGUR POST,

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DHARMAPURA HOBLI, HIRIYUR TALUK, CHITRADURGA DIST-577598

CHANDRANNA, S/O. KODAPPA, AGED ABOUT 65 YEARS, R/O. RANGENAHALLI, HIRIYUR TALUK, CHITRADURGA DIST 577598

…RESPONDENTS

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING A) DIRECTION TO QUASH THE ORDERS DATED 10-06-2025 PASSED ON IA NO. I BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR IN M.V.C. NO. 837/2023 AT ANNEXURE -A. B) BE PLEASED TO ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER VII RULE 11 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND SECTION 166 (3) OF THE MV ACT AT ANNEXURE-C ON IA NO. I IN M.V.C. NO. 837/2023 0 THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.837/2023, whereby

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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 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

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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 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.

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NC: 2026:KHC:14974 WP No. 8087 of 2026

HC-KAR

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 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

NBM List No.: 1 Sl No.: 22