Karnataka High Court
Shriram General Insurance Company Ltd vs Tahseen Begum on 26 February, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2026:KHC-K:1948
WP No. 200948 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.200948 OF 2026 (GM-CPC)
BETWEEN:
SHRIRAM GENERAL INSURANCE COMPANY LTD,
THROUGH ITS BRANCH MANAGER
E/8, EPIP RIICO INDUSTRIAL AREA-302022
REP BY AUTHORISED SIGNATORY.
...PETITIONER
(BY SRI. SUBHASH MALLAPUR, ADVOCATE)
AND:
1. SMT. TAHSEEN BEGUM
W/O NASEER ANSARI,
AGE: 35 YEARS, OCC: HOUSEHOLD
Digitally signed
by VARSHA N 2. NAZEER ANSARI S/O SIRAJ ANSARI,
RASALKAR
AGE: 43 YEARS, OCC: BUSINESS,
Location: HIGH
COURT OF R/O H.NO.4-5-71,
KARNATAKA ANSARI MOHELLA, ANSARI ROAD,
ALAND TQ. DIST. KALABURAGI-585302.
3. MOHAMMED FAROOQ S/O YAQOOB ALI,
AGE: 42 YEARS, OCC: BUSINESS AND OWNER OF
THE VEHICLE BAJAJ AUTO
RICKSHAW BEARING NO.KA 32 D 5347,
R/O H.NO.7-920/24
MIJGORI ROAD,
NEAR SIDDIQUI MASJID,
NAYA MOHELLA, MOMINPURA
KALBURAGI-585104
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NC: 2026:KHC-K:1948
WP No. 200948 of 2026
HC-KAR
4. SMT. NAGAMMA W/O MALLINATH BIRADA,
AGE: 47 YEARS, OCC: BUSINESS AND OWNER OF
TRAILER BEARING REG NO. KA 32/TB 2885,
R/O DHARAMWADI VILLAGE,
TQ. ALAND DIST. KALABURAGI-585000.
...RESPONDENTS
(NOTICE TO RESPONDENTS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
NATURE OF CERTIORARI AND QUASH THE ORDER DATED
15.03.2025 PASSED IN I.A.NO.1, BY THE PRL. DIST &
SESSIONS JUDGE & MACT KALABURAGI IN MVC NO.112/2024
VIDE ANNEXURE-D.
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 claimants and owners of the offending vehicle is dispensed for the reason that no adverse order is passed against the respondents as this Court is inclined to remit the matter to the Prl. District and Sessions Judge and MACT, Kalaburagi (for short, 'the Tribunal'), in MVC No.112/2024. -3-
NC: 2026:KHC-K:1948 WP No. 200948 of 2026 HC-KAR
3. The petitioner-Insurance Company has called in question the order dated 15.03.2025 passed by the Tribunal in MVC No.112/2024, wherein the Tribunal dismissed I.A.No.I filed by the petitioner-Insurance Company seeking rejection of the claim petition filed by respondent -claimants on the ground that the claim petition is not filed within six months from the date of occurrence of the accident. 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 Section 166(3) of Motor Vehicle (Amendment) Act, 2019 read with Order VII Rule 11 read with Section 151 CPC on the ground that the claim petition was barred by the law of limitation in view of the amended Motor Vehicles Act.
4. The Tribunal rejected the application filed by the Insurance Company Section 166(3) of Motor Vehicle (Amendment) Act, 2019 read with Order VII Rule 11 read -4- NC: 2026:KHC-K:1948 WP No. 200948 of 2026 HC-KAR with Section 151 CPC, 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 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:1948 WP No. 200948 of 2026 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 RSP LIST NO.: 3 SL NO.: 3 CT:SI