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NC: 2026:KHC:10552 WP No. 34790 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 34790 OF 2025 (GM-AC)

BETWEEN:

1. THE BRANCH MANAGER NATIONAL INSURANCE CO LTD.,

MANDYA OFFICE

THROUGH ITS REGIONAL OFFICE NO.144, SUBHARAM COMPLEX

M G ROAD, BANGALORE - 560 001.

REP BY ITS ASSISTANT DEPUTY MANAGER

REGISTERED UNDER COMPANIES ACT VI OF 1882.

…PETITIONER

(BY SRI. JANARDHANA REDDY, ADVOCATE)

Digitally signed by CHAITHRA A Location: HIGH AND:

COURT OF KARNATAKA

1. SMT. BHAGYAMMA W/O NINGAIAH

AGED ABOUT 64 YEARS

2. SRI. NINGAIAH S/O KARIGOWDA

AGED ABOUT 61 YEARS

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NC: 2026:KHC:10552 WP No. 34790 of 2025

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3. MANGAAGOWRI D/O NINGAIAH

AGED ABOUT 32 YEARS

ALL ARE R/AT HULIVANA VILLAGE KERAGDU HOBLI, MANDYA TALUK

AND DISTRICT - 571 401.

4. SRI. R. SHASHIKUMAR @ SANJAYA S/O RAMSHA

AGED ABOUT 32 YEARS R/AT HARALAKERE VILLAGE

KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 401

(OWNER OF THE BUS BEARING NO. KA-20-A-3636)

…RESPONDENTS

(BY SRI. GOKUL .H.R, ADVOCATE FOR R1 TO R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 08.10.2025 MADE ON IA NO. 1 IN ECA 3/2019 MADE BY THE PRL. SENIOR CIVIL JUDGE AND CJM

AT MANDYA AS ANNX-E.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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NC: 2026:KHC:10552 WP No. 34790 of 2025

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ORAL ORDER

The captioned petition is instituted by the National

Insurance Company Limited calling in question the legality and correctness of the order passed by the Court below on an application filed under Section 5 of the Limitation Act, 1963, whereby an inordinate delay of 1500 days in filing the claim petition has been condoned. The grievance of the petitioner–Insurance Company is that such condonation runs contrary to the mandate of Section 10 of the Employees’ Compensation Act, 1923, which prescribes a limitation period of two years from the date of the

accident for instituting a claim petition.

2. Heard the learned counsel appearing for the

petitioner–Insurance Company and the learned counsel

representing the claimants.

3. The material on record would indicate that the

claim petition arises out of the death of the claimants’ son, late Ananda. The claimant–mother, having suffered the

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NC: 2026:KHC:10552 WP No. 34790 of 2025

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irreparable loss of her son, who was also the breadwinner of the family, has approached the competent authority seeking compensation under the provisions of the Act. It is not in dispute that there is an inordinate delay of 1500 days in presenting the claim petition. However, in matters arising out of death, particularly where a mother seeks compensation for the loss of her son, the approach of the Court cannot be hyper-technical or pedantic. The Court is required to bear in mind the socio-economic realities and the profound human element involved in such cases, where the loss of a breadwinner has a cascading effect on the sustenance of the family. Therefore, a certain degree of latitude is required while considering applications for

condonation of delay in such cases.

4. At the same time, the apprehension of the

petitioner–Insurance Company cannot be brushed aside. The principal prejudice that would be caused to the Insurance Company on account of such condonation is in regard to the statutory liability to pay interest, ordinarily

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NC: 2026:KHC:10552 WP No. 34790 of 2025

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at the rate of 6% per annum under the Act. In order to strike a balance between the equities and to safeguard the interests of both parties, this Court is of the considered view that while the delay in filing the claim petition deserves to be condoned having regard to the nature of the claim, the claimants cannot be permitted to derive benefit of interest for the period attributable to such delay.

5. Therefore, it is deemed

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