[Cites 4, Cited by 0]
Karnataka High Court
Iffco Tokio General Insurance Co Ltd vs Krishnachar R on 5 January, 2026
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2026:KHC:12
WP No. 25989 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 25989 OF 2025 (GM-AC)
BETWEEN:
IFFCO TOKIO GENERAL INSURANCE CO LTD
NO.36, CROWN POINT BUILDING, LAVELLE
ROAD, BENGALURU-560001.
NOW REP BY THE IFFCO TOKIO
GENERAL INSURANCE CO. LTD.,
TP HUB, SRI. SHANTHI TOWERS,
5TH FLOOR, NO.141, 3RD MAIN,
EAST OF NGEF LAYOUT,
KASTURI NAGAR, BANGALORE 560 043.
REP. BY ITS LEGAL MANAGER.
Digitally COMPANY IS REGISTERED
signed by UNDER COMPANY ACT 1956.
VANAMALA
N ...PETITIONER
Location:
HIGH (BY SRI. B. PRADEEP.,ADVOCATE)
COURT OF
KARNATAKA AND:
1. KRISHNACHAR R
S/O. LATE RUDRACHARI,
AGED ABOUT 63 YEARS.
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WP No. 25989 of 2025
HC-KAR
2. SMT. YASHODHA,
W/O. KRISHNACHARI. R.,
AGED ABOUT 59 YEARS.
3. SMT. SHWETHA. K.,
D/O. KRISHNACHARI. R.,
AGED ABOUT 36 YEARS.
ALL ARE R/AT PIPE LINE ROAD,
NEAR ANJANEYA TEMPLE,
CHENNENAHALLI,
MAGADI MAIN ROAD,
BANGALORE-560 130.
4. AKSHARA KUMAR,
S/O. MUNIYAPPA,
AGED ABOUT 40 YEARS.
NO. 4, CHANNAPPANAPALYA VILLAGE,
CHIKKANAHALLI POST,
THAVAREKERE HOBLI,
BANGALORE SOUTH TALUK.-560001.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
I. QUASH THE ORDERS DATED 19-07-2025 PASSED
BY THE COURT OF THE XIV ASCJ, MACT AND
ACJM, BENGALURU (SCCH-10), IN MVC NO.
5126/24 AT ANNX-A; II. DIRECTIONS TO REJECT
THE APPLICATION FILED BY THE PETITIONER IN
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WP No. 25989 of 2025
HC-KAR
I.A. UNDER SECTION 5 OF LIMITATION ACT AT
ANNEXURE-B PASSED BY THE COURT OF THE XIV
ASCJ, MACT AND ACJM, BENGALURU (SCCH-10) IN
MVC NO. 5126/2024 AND HOLD THAT THE CLAIM
PETITION IS NOT MAINTAINABLE.
THIS PETITION, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
This petition is by an Insurer calling in question
the Order dated 19.07.2025 in MVC No. 5126/2024,
on the file of the Additional Small Causes Judge,
ACJM and Member, Motor Accident Claims Tribunal,
Bengaluru [for short, 'the Tribunal']. The Tribunal, by
this impugned order, has allowed the application filed
by the respondents-claimants under Section 5 of the
Limitation Act, 1963 [for short, 'the Act'] condoning
the delay of 25 days in filing the claim petition under
the Motor Vehicles Act, 1988. Sri B Pradeep, the
learned counsel for the petitioner, is heard in the
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HC-KAR
light of the interim orders granted by the Apex Court
in the writ petition in WP [Civil] No. 166/2024 and
connected matters.
It remains undisputed that the Apex Court, by
its interim orders dated 16.12.2025, has observed
that pendency of the writ petitions/special leave
petitions before it shall not come in the way of the
claim petitions being adjudicated by the Tribunals
but with the stipulation that the judgments shall not
be finalized, and the Apex Court's order is in the light
of the question whether the Tribunals could condone
delay under Section 5 of the Act and entertain the
claim petitions.
This Court is of the concerned view that with
the afore stipulation, this petition must be disposed
of observing that the Tribunal's impugned order
would be subject to the final outcome in the pending
matters before the Apex Court, and this Court must
next observe that the Tribunal must proceed with the
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adjudication of the claim petition but without passing
Judgment. As such, the petition stands disposed of in
the afore terms.
Sd/-
(B M SHYAM PRASAD)
JUDGE
AN/-
