BHARTI AXA INSURANCE LTD v. THIPPESWAMY
Case at a glance
- Bench
- B M SHYAM PRASAD
- Neutral citation
- 2026:KHC:10219
Outcome
Disposed of
The petition stands disposed of accordingly
Provisions considered
- Constitution of India arts. 226, 227
- Code of Civil Procedure, 1908 s. 151
- Motor Vehicles Act, 1988 s. 166
Key paragraphs
- Para 22. GADRAPPA, S/O. LATE SIDDAPPA, AGED ABOUT 46 YEARS. R/O. YERENAHALLI VILLAGE CHITRADURGA TQ (R1 SERVED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PAYING TO QUASH THE ORDER AS PER ANNX-D DATED 10/10/2024 PASSED BY THE…
Judgment
(BY SRI. PRADEEP B, ADVOCATE) AND:
THIPPESWAMY S/O. NARASIMHAPPA AGED ABOUT 31 YEARS. R/O. SANGENAHALLLI VILLAGE, HOLALKERE TQ, CHITRADURGA DISTRICT. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2026:KHC:10219 WP No. 5448 of 2025 HC-KAR NOW R/AT SANGAMESHWARA EXTN., KELAGOTE, CHITRADURGA
GADRAPPA, S/O. LATE SIDDAPPA, AGED ABOUT 46 YEARS. R/O. YERENAHALLI VILLAGE CHITRADURGA TQ (R1 SERVED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PAYING TO QUASH THE ORDER AS PER ANNX-D DATED 10/10/2024 PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND CJM, CHITRADURGA ON APPLICATION BEARING NO. 1/2025 FILED UNDER ORDER 7 RULE 11(D) R/W SEC 151 OF CPC IN MV ACT AS PER ANNX-B IN MVC NO. 1169/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - NC: 2026:KHC:10219 WP No. 5448 of 2025 HC-KAR ORAL ORDER This petition is by the Insurer who is called upon to answer a claim under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the Act'] in the claim petition in MVC No.1169/2023 on the file of the Principal Senior Civil Judge and CJM, Chitradurga [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 contending the claim petition cannot be entertained because it is filed beyond six months from the date of accident.
The Tribunal, by the impugned order dated 10.10.2024, has rejected the petitioner’s application. The question: whether a claim petition filed beyond six months from the date of the accident can be entertained is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ - 4 - NC: 2026:KHC:10219 WP No. 5448 of 2025 HC-KAR petition in WP [Civil] No. 166/2024 and connected matters. It remains undisputed that the Apex Court by its interim order dated 16.12.2025 has observed that the 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 judgments shall not be finalized. This Court is of the considered view that with the afore-stipulation, this petition must be disposed of observing that the Tribunal's impugned order will be subject to the outcome in the pending matters before the Apex Court.
Operative part
With this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise will be subject to the Apex Court’s decision on the afore question. - 5 - NC: 2026:KHC:10219 WP No. 5448 of 2025 HC-KAR The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 55
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of accordingly
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Code of Civil Procedure, 1908 — s. 151; Motor Vehicles Act, 1988 — s. 166.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.