Karnataka High Court
The Manager Legal Claims Iffco Tokio Gen ... vs Amrut on 22 January, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2026:KHC-K:504
WP No. 200045 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.200045 OF 2026 (GM-CPC)
BETWEEN:
THE MANAGER LEGAL CLAIMS,
IFFCO TOKIO GEN. INS, CO. LTD.
S.S FRONT ROAD,
SANGAM BUILDING,
NEAR SIDDESHWAR TEMPLE,
GACHINAKATTI COLONY,
VIJAYAPURA-586101
(NOW REPRESENTED BY
AUTHORIZED SIGNATORY,
KASTURI NAGAR, BANGALORE)
...PETITIONER
Digitally signed (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
by RENUKA
Location: HIGH AND:
COURT OF
KARNATAKA 1. AMRUT S/O NAGARAJ BARADOL,
AGE: 27 YEARS,
OCC: PRIVATE SERVICE,
R/O BAGALKOT,
NOW RESIDING AT RAM NAGAR,
VIJAYAPURA-586101.
2. CHANNAVVA
W/O DODAPPA KALAPPAGOL,
AGE: 38 YEARS, OCC: BUSINESS,
R/O SONNA, TQ. BILAGI,
DIST. BAGALKOT-587116.
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NC: 2026:KHC-K:504
WP No. 200045 of 2026
HC-KAR
3. DODDAPPA
S/O MALLAPA KALAPPAGOL,
AGE: 43 YEARS, OCC: BUSINESS,
R/O SONNA, TQ. BILAGI,
DIST. BAGALKOT-587116.
...RESPONDENTS
(NOTICE TO RESPONDENTS IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATED WRIT, MORE SO IN THE NATURE OF
CERTIORARI AND GRANT THE FOLLOWING RELIEFS; I) QUASH
THE ORDER DATED 17.04.2025 PASSED BY MOTOR ACCIDENT
CLAIMS TRIBUNAL-VI, VIJAYAPURA ON I.A. FILED BY THE
INSURANCE COMPANY/RESPONDENT NO.2 BEFORE MACT
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.1276/2023, THE COPY OF ORDER,
WHICH IS AT ANNEXURE-C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for the petitioner-Insurance Company.
2. Notice to respondents who are the claimant and owners of the offending vehicle respectively is dispensed for the reason that no adverse order is passed against the -3- NC: 2026:KHC-K:504 WP No. 200045 of 2026 HC-KAR respondents as this Court is inclined to remit the matter to the Member, Motor Accident Claims Tribunal - VI, Vijayapur (for short, 'the Tribunal'), in MVC No.1276/2023.
3. The petitioner-Insurance Company has called in question the order dated 17.04.2025 passed by the Tribunal in MVC No.1276/2023, wherein the Tribunal dismissed I.A.No.I filed by the petitioner-Insurance Company seeking rejection of the claim petition filed by respondent-claimant 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 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 read with Section 151 of CPC and Section 166(3) of the MV (Amendment) Act, 2019 on the ground that the claim petition was barred by the -4- NC: 2026:KHC-K:504 WP No. 200045 of 2026 HC-KAR law of limitation in view of the amended Motor Vehicles Act.
4. Upon objections being filed, the Tribunal allowed the application filed by the claimant under Section 5 of the Limitation Act condoning delay and rejected the application filed by the Insurance Company under Order VII Rule 11 read with Section 151 of CPC and Section 166(3) of the MV (Amendment) Act, 2019, 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 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 -5- NC: 2026:KHC-K:504 WP No. 200045 of 2026 HC-KAR 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 except finalising the judgments in each of the matters. Accordingly, the writ petition is disposed of.
Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR) JUDGE RSP/List No.: 2 Sl No.: 9/CT:SI