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NC: 2026:KHC:18296 WP No. 10348 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. 10348 OF 2025 (GM-AC)

BETWEEN:

1. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., C22, 2ND FLOOR,

MAXIMUS COMMERCIAL COMPLEX, LIGHT HOUSE HILL ROAD, HAMPANAKATTA, MANGALORE, D.K.

NOW REP BY THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.,

#121, THE ESTATE BUILDING, 9TH FLOOR, DICKSON ROAD, M.G. ROAD,

BANGALORE-560001 REP. BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956.

…PETITIONER (BY SRI. PRADEEP B., ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVEND RA 1. NARAYANA POOJARY

Location: HIGH S/O LATE DERANNA POOJARY, COURT OF AGED ABOUT 51 YEARS.

KARNATAKA

2. MOHINI, W/O NARAYANA POOJARY, AGED ABOUT 48 YEARS.

3. DIVYASHREE. T D/O NARAYANA POOJARY

AGED ABOUT 25 YEARS

4. RANJITH, S/O NARAYANA POOJARY,

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AGED ABOUT 21 YEARS

5. BRIJESH, S/O. NARAYANA POOJARY, AGED ABOUT 16 YEARS.

6. SHRISHANTH, S/O NARAYANA POOJARY, AGED ABOUT 13 YERS.

SINCE 5^TH AND 6^TH RESPONDENTS ARE MINORS, WILL BE REPRESENTED

BY THEIR N/G OR FATHER I.E., NARAYANA POOJARY, 1^ST RESPONDENT

ALL ARE R/AT THARIDALA HOUSE, MANILA VILLAGE, MURVA POST,

BANTWAL TALUK, D.K.574211

7. MAHESH. S.S.

S/O SADASHIVA POOJARY, AGED ABOUT 33 YEARS R/AT IRANDHOOR PADEEL HOUSE

VITTAL KASABA VILLAGE, BANTWAL TALUK, D.K. 574211 …RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-E DATED 31/05/2025 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K. ON APPLICATION BEARING NO.1/2025 FILED UNDER SECTION 5 OF LIMITATION ACT AS PER ANNEXURE-B AND NO.2/2025 FILED UNDER SEC. 166(3) OF THE MOTOR VEHICLES ACT 1988 IN MVC

NO.198/2024 AND ETC.

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

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NC: 2026:KHC:18296 WP No. 10348 of 2025

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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 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

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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.

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 hold