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NC: 2026:KHC:19117 WP No. 30219 of 2025

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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. 30219 OF 2025 (GM-AC)

BETWEEN:

HDFC ERGO GENERAL INSURANCE CO LTD T.P. HUB, NO. 32, GROUND FLOOR, ACR TOWERS,

RESIDENCY ROAD, (OPP. SBI BANK)

ASHOK NAGAR, BENGALURU - 560 025, REPRESENTED BY ITS MANAGER (LEGAL)

…PETITIONER (BY SRI. LINGARAJ H.S.,ADVOCATE)

AND:

1. SHANMUGAVEL T NOW AGED ABOUT 49 YEARS, S/O. THIRUGANASAMBANTHAM,

Digitally signed 2. AJIT KUMAR. S by SHWETHA NOW AGED ABOUT 23 YEARS, RAGHAVENDRA S/O. SHANMUGAVEL.T,

Location: HIGH COURT OF KARNATAKA BOTH ARE R/AT NO.F1, A BLOCK,

KRISHNA TULASI APARTMENT, BATHORAJ NAIKER STREET, ANNANAGAR, NORTH KORATTUR,

AMBATTUR SUB-DISTRICT, TIRUNALLUR DISTRICT, TAMIL NADU - 600076.

AND ALSO AT NO.9, 16^TH CROSS, AECS LAYOUT, RMV 2ND STAGE, SANJAYNAGAR,

BENGALURU - 560 094.

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NC: 2026:KHC:19117 WP No. 30219 of 2025

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3. M. PRAKASH, NOW AGED ABOUT 35 YEARS, S/O. S. MALLESH,

2^ND CROSS, T.B ROAD, BEERUR TOWN, KADUR TALUK, CHIKKAMAGALUR DISTRICT,

…RESPONDENTS (BY SRI. UMESH B N., ADVOCATE)

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 ANNEXURE-E DATED 23.07.2025 PASSED BY THE XIV ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, BENGALURU SOUTH, BENGALURU (SCCH-10) APPLICATION FILED BY THE RESPONDENT NO.1 AND 2 UNDER SECTION 5 OF LIMITATION ACT IN MVC NO.5832/2024 AND HOLD THAT CLAIM PETITION AS PER ANNEXURE-A IS NOT

MAINTAINABLE 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

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observed that the pendency of the Special Leave Petitions shall not preclude the Motor Accident Claims Tribunal from proceeding with the adjudication of 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;

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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.

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 th