The Manager, Sriram General Insurance Co. Ltd. vs Siddamma And Anr

Headnote AI-drafted · Reviewed and approved

These writ petitions were filed by insurance companies under Article 227 of the Constitution of India before the Karnataka High Court, Kalaburagi Bench, challenging various interlocutory orders passed by Motor Accident Claims Tribunals in Motor Vehicle Compensation cases. The petitioners sought writs of certiorari to quash orders passed by the Principal Senior Civil Judge & CJM Bidar, Senior Civil Judge & JMFC Sindhanur, Senior Civil Judge & JMFC Afzalpur, and IV Additional Senior Civil Judge & JMFC Vijayapura respectively in MVC proceedings. The common thread across the petitions involved challenges to orders on interlocutory applications filed in motor accident claim proceedings, including questions of condonation of delay and limitation.

The petitioners, being insurers of the respective vehicles involved in motor accidents, contended that the Tribunal courts had erred in their interlocutory orders on procedural and limitation-related issues. In W.P.No.202619/2024, the insurer specifically sought quashing of orders on IAs dealing with limitation and prayed that the claim petition filed by the claimants be rejected as barred by the law of limitation.

All four writ petitions were clubbed and heard together by the learned Single Judge, being connected matters involving similar legal issues arising from motor accident claim proceedings where insurance companies challenged interlocutory orders of various Motor Accident Claims Tribunals in Karnataka.

Catchwords: motor accident claims · insurance · certiorari · interlocutory application · limitation · Motor Vehicles Act · Article 227 Constitution of India · Motor Vehicle Compensation Tribunal · condonation of delay