Karnataka High Court
Hdfc Ergo Gen Ins Co Ltd vs Kavita And Ors on 27 January, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2026:KHC-K:573
WP No. 200443 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.200443 OF 2025 (GM-CPC)
BETWEEN:
HDFC ERGO GEN. INS. CO.LTD.,
THROUGH ITS DIVISIONAL MANAGER,
2ND FLOOR, ASIAN PLAZA, TIMMAPURI CIRCLE,
MAIN ROAD, KALABURAGI.
(NOW REPRESENTED BY
AUTHORISED SIGNATORY,
HDFC ERGO GIC LTD.,
ASHOK NAGAR, BANGALORE)
...PETITIONER
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. KAVITA W/O LATE RAVI PAWAR,
AGE: 32 YEARS, OCC: HOUSEHOLD,
Digitally signed
by RENUKA 2. ABHISHEK S/O LATE RAVI PAWAR,
Location: HIGH AGE: 13 YEARS (MINOR), OCC: STUDENT
COURT OF
KARNATAKA 3. PREETI D/O LATE RAVI PAWAR,
AGE: 10 YEARS (MINOR), OCC: STUDENT
4. LAKHAN S/O LATE RAVI PAWAR,
AGE: 09 YEARS (MINOR), OCC: STUDENT
THE RESP. NO.2 TO 4 HEREIN ARE MINORS
U/G OF THEIR NATURAL MOTHER
RESP.NO.1 HEREIN.
5. KANU BAI W/O MANOHAR PAWAR,
AGE: 52 YEARS, OCC: HOUSEHOLD,
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WP No. 200443 of 2025
HC-KAR
6. JAHEER
S/O APPASAHEB YELIGAR @ YALGAR,
AGE: 40 YEARS, OCC: DRIVER,
R/O #31281, MADDI ONI, RAMDURG,
BELGAUM-591123.
7. ABDUL HAMEED BYADAGI
S/O ABDUL QUAYYUM,
AGE: 32 YEARS, OCC: TATA MOTORS,
OWNER OF GOODS CARRIER
VEHICLE NO.KA-63/8386,
R/O NOORANI PLOT,
NEKHAR NAGAR ROAD,
HUBLI AND NAVA AYODHYA NAGAR,
HUBLI - DHARWAD, DHARWAD-580024.
...RESPONDENTS
(BY SMT. BHUWANESHWARI G.B., ADVOCATE FOR R1 & R5;
V/O DATED 24.02.2025 NOTICE TO R6 D/W;
V/O DATED 27.01.2026 NOTICE TO R7 D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 18.06.2024 PASSED BY THE SENIOR CIVIL JUDGE AND CJM
AT YADGIR IN I.A., FILED BY THE PETITIONER UNDER SECTION 5 OF
LIMITATION ACT WHICH WAS ALLOWED AND I.A. FILED BY THE
INSURANCE COMPANY/RESP.NO.3 UNDER ORDER VII RULE 11 R/W
SECTION 151 OF CPC AND SECTION 166(3) OF M.V.(AMENDMENT)
ACT, 2019 WHICH WAS DISMISSED IN MVC NO.22/2023, THE COPY
OF COMMON ORDER, WHICH IS AT ANNEXURE-D.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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WP No. 200443 of 2025
HC-KAR
ORAL ORDER
Heard learned counsel for the petitioner-Insurance Company.
2. Notice to respondent No.7 who is the owner of the offending vehicle is dispensed for the reason that no adverse order is passed against the said respondent as this Court is inclined to remit the matter to Senior Civil Judge and CJM, Yadgir (for short, 'the Tribunal'), in MVC No.22/2023.
3. The petitioner-Insurance Company has called in question the order dated 18.06.2024 passed by the Tribunal in MVC No.22/2023, wherein the Tribunal dismissed I.A. filed by the petitioner-Insurance Company seeking rejection of the claim petition filed by respondents-claimants on the ground that the claim petition is not filed within six months from the date of occurrence of the accident and there is a delay in filing the claim petition. Without adverting to the merits of the matter, it is seen that in view of the claim petition having -4- NC: 2026:KHC-K:573 WP No. 200443 of 2025 HC-KAR been filed beyond the period of limitation, the petitioner- Insurance Company filed an application for rejection of the claim petition under Order VII Rule 11(d) read with Section 151 of CPC and Section 166(3) of the Motor Vehicles Act, on the ground that the claim petition was barred by the law of limitation in view of the amended Motor Vehicles Act.
4. Upon objections being filed, the Tribunal allowed the application filed by the claimants under Section 5 of the Limitation Act condoning delay and rejected the application filed by the Insurance Company under Order VII Rule 11(d) read with Section 151 of CPC and Section 166(3) of the Motor Vehicles Act, which is called in question by the petitioner-Insurance Company in this writ petition.
5. There are several matters from different Courts across the country which have approached the Hon'ble Supreme Court, being aggrieved by the rejection of the application and by the delay being condoned by the claims -5- NC: 2026:KHC-K:573 WP No. 200443 of 2025 HC-KAR Tribunal, thereby permitting the continuation of the claim petition in Writ Petition (Civil) No.166/2024 in the case of Bhagirathi Dash vs. Union of India and Another which is pending before the Hon'ble Supreme Court involving the question of limitation prescribed by the amended Motor Vehicles Act. The Hon'ble Supreme Court, vide order dated 16.12.2025, passed the following order:
"The pendency of these matters would also not come in the way of claim petitions being adjudicated by the Tribunals, except finalising the judgments.
Let the matter be listed on 10.02.2026 at 02.00 p.m."
6. This being the state of affairs, the Hon'ble Apex Court has infact held that the claim petitions could proceed except finalising the judgments. Therefore, it would be in the interest of both the parties and prudence demands that in view of several pendency of matters, the claim petitions before the respective Courts shall proceed further -6- NC: 2026:KHC-K:573 WP No. 200443 of 2025 HC-KAR except finalising the judgments in each of the matters. Accordingly, the writ petition is disposed of.
Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR) JUDGE NB LIST NO.: 3 SL NO.: 1 Ct: SI