##PAGE1##

- 1 -

NC: 2026:KHC:18245 WP No. 22732 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 22732 OF 2024 (GM-AC)

BETWEEN:

THE BRANCH MANAGER MAGMA HDI GENERAL INSURANCE CO LTD BRANCH OFFICE

1^ST FLOOR, H M ASTRID

3^RD J C ROAD NEAR MINERVA CIRCLE BENGALURU 560002

(COMPANY REGISTERED UNDER COMPANIES ACT 1956)

…PETITIONER (BY SRI. A N KRISHNA SWAMY.,ADVOCATE)

AND:

1. ANJINAMMA W/O MALLESHAPPA H AGED ABOUT 45 YEARS

Digitally signed by SHWETHA 2. BHANUKIRAN M RAGHAVEND RA S/O MALLESHAPPA

Location: HIGH AGED ABOUT 45 YEARS COURT OF KARNATAKA BOTH ARE R/AT SANGOLLIYRAYANNA STREET

16^TH CROSS, MALAPPNAHATTI CHITRADURGA TALUK AND DIST-577501

3. THIPPAYYA S/O THIMMA BHOVI AGED ABOUT 60 YEARS

R/O KANIVEJOGIHALLI (V)

HOLALKERE TALUK CHITRADURGA DISTRICT 577555

- 2 -

NC: 2026:KHC:18245 WP No. 22732 of 2024

HC-KAR

…RESPONDENTS (BY SRI. SIDDARAMAIAH V B., ADVOCATE FOR R1 & R2;

SRI. KARTHIK YADAV.U., ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANN-D DATED 06/03/2024 PASSED BY II ADDL. SR. CIVIL JUDGE AND ADDL.MACT, CHITRADURGA ON IA NO. 1 FILED UNDER ORDER 7 RULE 11(d) RAD WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV

ACT IN MVC NO. 968/2023 AND ETC.

THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. In the above petition, the short question that arises for consideration is whether a claim petition filed under sub-section (3) of Section 166 of the Motor Vehicles Act, 1988 would be maintainable if instituted beyond a period of six months from the date of the

accident.

2. It is not in dispute that the said issue is presently under consideration before the Hon’ble Supreme Court in SLP Nos. 8412–8413/2023. By way of an interim order, the Hon’ble Supreme Court has observed that the pendency of the Special Leave Petitions shall not preclude the Motor Accident Claims Tribunal from proceeding with the adjudication of

- 3 -

NC: 2026:KHC:18245 WP No. 22732 of 2024

HC-KAR

claim petitions; however, it has been expressly stipulated that final judgments shall not be

pronounced.

3. In view of the aforesaid development, and having regard to similar interim orders passed by this Court in connected matters, it is submitted that this petition may be disposed of with appropriate directions to the Motor Accident Claims Tribunal to proceed with the matters, subject to the limitation

imposed by the Hon’ble Supreme Court.

4. Having considered the submissions and the interim directions issued by the Hon’ble Supreme Court, I deem it appropriate to dispose of this petition with

the following directions:

4.1. The Motor Accident Claims Tribunal shall be at liberty to proceed with the adjudication of the claim petitions in all respects, including recording of evidence and hearing of

arguments;

4.2. However, the Tribunal shall not pronounce or draw up the final award in the said proceedings until further orders are passed by the Hon’ble

Supreme Court in SLP Nos. 8412–8413/2023.

- 4 -

NC: 2026:KHC:18245 WP No. 22732 of 2024

HC-KAR

5. It is further clarified that the ultimate outcome of the proceedings before the Tribunal shall abide by the decision to be rendered by the Hon’ble Supreme

Court in the aforesaid Special Leave Petitions.

5.1. In the event the Hon’ble Supreme Court holds that claim petitions filed beyond the period of six months from the date of the accident are maintainable, the Tribunal shall be at liberty to proceed to pronounce and draw up the final

award in accordance with law;

5.2. Conversely, if it is held that such claim petitions are not maintainable, the Tribunal shall pass appropriate orders in conformity with the law so

declared.

6. With the above Observations, the Writ Petition stands disposed

Sd/-

(SURAJ GOVINDARAJ)

JUDGE

L