The Karnataka High Court has directed the Motor Accident Claims Tribunal to proceed with adjudication of a claim petition filed beyond the prescribed six-month limitation period, but deferred final judgment pending the Supreme Court's authoritative decision on whether Section 5 of the Limitation Act, 1963 can be invoked for condonation of delay in such matters.
Background & Facts
The Dispute
The petitioner, HDFC Ergo General Insurance Company Ltd, challenged an order dated 23.11.2024 passed by the Senior Civil Judge and Principal Junior Munsiff Court & Additional Motor Accident Claims Tribunal (MACT), Kumta, Uttara Kannada. The Tribunal had proceeded with adjudication of MVC No. 70 of 2024 despite the petitioner's contention that the claim petition was barred by limitation, having been filed beyond the statutory period of six months prescribed under the Motor Vehicles Act, 1988.
Key Facts
- The claim petition (MVC No. 70 of 2024) was filed beyond the six-month limitation period under the Motor Vehicles Act, 1988
- The petitioner-insurer raised an objection regarding the maintainability of the claim petition on grounds of limitation
- The Tribunal, however, proceeded with the adjudication, leading to the present writ petition
- The petitioner relied on a judgment of a Co-ordinate Bench of the Karnataka High Court addressing the same legal issue
Procedural History
- 23.11.2024: The Tribunal passed an order in I.A. No. I filed under Section 5 of the Limitation Act, 1963, proceeding with the adjudication of MVC No. 70 of 2024
- 2025: The petitioner filed Writ Petition No. 100356 of 2025 before the Karnataka High Court, challenging the Tribunal's order
- The issue of maintainability of belated claim petitions under the Motor Vehicles Act, 1988 is pending before the Supreme Court in Special Leave to Appeal (C) Nos. 8412-8413 of 2023
Relief Sought
The petitioner sought:
- Quashing of the order dated 23.11.2024 passed by the Tribunal in I.A. No. I
- A declaration that the claim petition (MVC No. 70 of 2024) is not maintainable due to being barred by limitation
The Legal Issue
The central question was whether a claim petition filed under the Motor Vehicles Act, 1988 beyond the prescribed six-month limitation period can be entertained by invoking Section 5 of the Limitation Act, 1963 for condonation of delay.
Arguments Presented
For the Petitioner
The petitioner contended that the Tribunal erred in proceeding with the claim petition despite it being filed beyond the statutory limitation period. Reliance was placed on a judgment of a Co-ordinate Bench of the Karnataka High Court, which had examined the applicability of Section 5 of the Limitation Act, 1963 to condone delay in filing motor accident claim petitions.
For the Respondents
The respondents, though served, did not appear to contest the petition. The judgment does not record any arguments on their behalf.
The Court's Analysis
The Court observed that the issue of maintainability of belated claim petitions under the Motor Vehicles Act, 1988 is currently sub judice before the Supreme Court in Special Leave to Appeal (C) Nos. 8412-8413 of 2023. Several Co-ordinate Benches of the Karnataka High Court had previously disposed of similar writ petitions with directions to the Tribunal to proceed with adjudication but defer the final judgment until the Supreme Court renders its decision.
The Court noted:
"In the light of the consistent view taken by the Co-ordinate Benches of this Court and bearing in mind that the issue concerning the maintainability of claim petitions filed beyond the period of six months is presently sub judice before the Hon’ble Apex Court, this Court deems it appropriate to adopt the same course."
Accordingly, the Court directed the Tribunal to proceed with the adjudication of the claim petition on merits but refrain from pronouncing the final judgment and award until the Supreme Court's decision in the pending Special Leave Petitions.
The Verdict
The writ petition was disposed of with the following directions:
- The Motor Accident Claims Tribunal shall proceed with the adjudication of MVC No. 70 of 2024 on merits
- The Tribunal shall defer the pronouncement of the final judgment and award until the Supreme Court renders its decision in Special Leave to Appeal (C) Nos. 8412-8413 of 2023
What This Means For Similar Cases
Tribunal Proceedings Deferred Pending Supreme Court Clarification
- Tribunals adjudicating motor accident claims filed beyond the six-month limitation period must defer final judgment until the Supreme Court authoritatively decides on the maintainability of such belated petitions
- Practitioners should monitor the outcome of Special Leave to Appeal (C) Nos. 8412-8413 of 2023 for guidance on limitation issues under the Motor Vehicles Act, 1988
Strategic Considerations for Insurers and Claimants
- Insurers should continue raising limitation objections in belated claim petitions, as the issue remains unresolved
- Claimants filing belated petitions should be prepared for deferred adjudication until the Supreme Court's decision
- Both parties should ensure timely filing to avoid procedural complications
