The Branch Manager vs Madiwalappa
2026 Latest Caselaw 493 Kant

Karnataka High Court

The Branch Manager vs Madiwalappa on 23 January, 2026

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                             -1-
                                                          NC: 2026:KHC-K:540
                                                      WP No. 203283 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.203283 OF 2025 (GM-CPC)
                   BETWEEN:

                   THE BRANCH MANAGER,
                   IFFCO-TOKIO GIC LTD, 2ND FLOOR,
                   STELLAR MALL, CTS NO.12B/1BA,
                   VIDDYA NAGAR, HUBBALLI-580021
                   REP. BY ITS AUTHORIZED SIGNATORY

                                                               ...PETITIONER
                   (BY SRI. SUBHASH MALLAPUR, ADVOCATE)

                   AND:

                   1.   MADIWALAPPA S/O SHARANABASAPPA HADAPAD,
                        AGE: 45 YEARS, OCC: BARBER (NOW NIL)
                        R/O MASABINAL, TQ. B. BAGEWADI,
Digitally signed        DIST. VIJAYAPURA-586203.
by RENUKA
Location: HIGH
COURT OF           2.   MALLIKARJUN S/O BASAPPA KAGAL,
KARNATAKA               AGE: 25 YEARS, OCC: BUSINESS,
                        R/O MASUTI, TQ. KOLHAR,
                        DIST. VIJAYAPURA-586210.

                                                            ...RESPONDENTS

                   (NOTICE TO RESPONDENTS IS D/W)

                        THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
                   THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
                   ORDERS DATED 01.08.2025 PASSED ON I.A.NO.3 IN MVC
                   NO.766/2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
                                 -2-
                                             NC: 2026:KHC-K:540
                                         WP No. 203283 of 2025


HC-KAR




MACT XV BASAVANA BAGEWADI IN MVC NO.766/2023 VIDE
ANNEXURE-G.

    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

owner of the offending vehicle respectively is dispensed for

the reason that no adverse order is passed against the

respondents as this Court is inclined to remit the matter to

Senior Civil Judge and JMFC, MACT-XV, Basavana

Bagewadi (for short, 'the Tribunal'), in MVC No.766/2023.

3. The petitioner-Insurance Company has called in

question the order dated 01.08.2025 passed by the

Tribunal in MVC No.766/2023, wherein the Tribunal

dismissed I.A.No.III filed by the petitioner-Insurance

Company seeking rejection of the claim petition filed by

respondent-claimant on the ground that the claim petition

NC: 2026:KHC-K:540

HC-KAR

is not filed within six months from the date of occurrence

of the accident and there is a delay of 85 days 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 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 of 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

NC: 2026:KHC-K:540

HC-KAR

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."

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

NC: 2026:KHC-K:540

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

NJ List No.: 2 Sl No.: 15 Ct:si