Karnataka High Court
The Manager Legal/Claims Hdfc Ergo Gen ... vs Mohammad Yaseen on 23 January, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2026:KHC-K:549
WP No. 201455 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.201455 OF 2025 (GM-CPC)
BETWEEN:
THE MANAGER LEGAL/CLAIMS,
HDFC ERGO GEN. INS. CO.LTD,
ABOVE KUBETA SHOWROOM,
BESIDE RAILWAY STATION, POST OFFICE,
STATION ROAD, VIJAYAPURA-586101.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY,
ASHOK NAGAR, BANGALORE)
(RANK OF THE PARTY BEFORE THE MACT RESP.NO.2)
...PETITIONER
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. MOHAMMAD YASEEN
S/O KHALEEL AHMAD HAJI,
Digitally signed AGE: 31 YEARS, OCC: FRUIT BUSINESS,
by RENUKA R/O BHAGYA NAGAR, RAMDURG,
Location: HIGH NOW RESIDING AT KHB COLONY,
COURT OF
KARNATAKA VIJAYAPUR-586101.
(RANK OF THE PARTY BEFORE MACT PETITIONER
NO.1)
2. ABDUL HAMEED
S/O ABDUL KAYUM BYADAGI,
AGE: 43 YEARS, OCC: BUSINESS,
R/O NAVA AYODHYA NAGAR, HUBBALLI
DIST. DHARWAD-580024.
(RANK OF THE PARTY BEFORE MACT RESP.NO.1)
...RESPONDENTS
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE FOR R1;
NOTICE TO R2 D/W)
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NC: 2026:KHC-K:549
WP No. 201455 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT, MORE SO IN THE NATURE OF
CERTIORARI AND GRANT THE FOLLOWING RELEIFS; 1) QUASH
THE ORDER DATED 23.11.2024 PASSED BY IIND ADDL.
SENIOR CIVIL JUDGE AND MACT VII AT VIJAYAPURA IN
I.A.NO.I FILED BY THE INSURANCE COMPANY/RESP.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.1516/2022, THE COPY OF
ORDER, WHICH IS 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 respondent No.2 is dispensed for the reason that no adverse order is passed against the respondents as this Court is inclined to remit the matter to II Additional Senior Civil Judge and MACT-VII, Vijayapura (for short, 'the Tribunal'), in MVC No.1516/2022.
3. The petitioner-Insurance Company has called in question the order dated 23.11.2024 passed by the Tribunal in MVC No.1516/2022, wherein the Tribunal -3- NC: 2026:KHC-K:549 WP No. 201455 of 2025 HC-KAR 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 of 08 months 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 with a delay, 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 MV (Amendment) Act, 2019, 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 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 CPC, which is called in -4- NC: 2026:KHC-K:549 WP No. 201455 of 2025 HC-KAR 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 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."-5-
NC: 2026:KHC-K:549 WP No. 201455 of 2025 HC-KAR
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 NJ LIST NO.: 2 SL NO.: 5 CT:SI