(NOTICE TO R1 TO R3 DISPENSED WITH)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-D DATED 06.09.2025 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND ACJM UDUPI ON APPLICATION FILED UNDER SECTION 05 OF LIMITATION ACT IN MVC NO. 178/2024 AND ETC.,

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Notice to the respondents is dispensed with in view of the proposed order to be passed.

2. Petitioner is before this Court seeking for the following reliefs:

"WHEREFORE, the Petitioner pray this Hon'ble Court to Issue appropriate writ or order to quash the order as per Annexure 'D' dated 6.9.2025 passed by II Addl. Senior Civil Judge & A.C.J.M., Udupi on application filed under Section 5 of Limitation Act in MVC No.178/2024.,

a. Dismiss the application filed by the Respondent No.1 as per Annexure 'B' and hold that claim petition as per Annexure 'A' is not maintainable.

b. Pass such other writ or order as this Honb'le court deems fit under the circumstances of the case in the interest of justice and equity."

3. 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.

4. 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.

5. 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.

6. 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:

6.1. 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;

6.2. 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.

7. 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.

7.1. 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;

7.2. 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.

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