Karnataka High Court
WP/26763/2026 of UNITED INDIA INSURANCE COMPANY. LTD, Vs UPPARA SAVITHRAMMA, on 28 September 2026
CNR: KAHC010583762026 NC: 2026:KHC:53813 WP No. 26836 of 2026 C/W WP No. 26553 of 2026 WP No. 26763 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26836 OF 2026 (GM-AC) C/W WRIT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 26836 OF 2026 (GM-AC)
C/W
WRIT PETITION NO. 26553 OF 2026 (GM-AC)
WRIT PETITION NO. 26763 OF 2026(GM-AC)
IN WP No.26836/2026
BETWEEN:
1.
UNITED INDIA INSURANCE COMPANY LTD,
OFFICE, 5TH AND 6TH FLOOR,
KRUSHI BHAVAN NRUPATUNGA ROAD,
CORPORATION CIRCLE,
BANGALORE-560001
REP. BY MANAGER,
REGIONAL OFFICE,
UNITED INDIA INSURANCE CO., LTD.,
KRISHI BHAVAN, 6TH AND
5TH FLOOR, HUDSON CIRCLE,
BENGALURU-560001
…PETITIONER
(BY SRI. BENNI RAVISH CHANDRASHEKAR.,ADVOCATE)
AND:
1.
UPPARA NARASIMHA MURTHY,
S/O LATE UPPAR NARASIMHALU
AGED ABOUT 39 YEARS,
RESIDING AT NO.6-2-517
OLD R.TO. OFFICE ROAD,
HC-KAR
ANANTHAPURA
ANDRA PRADESH-515001.
2.
KINNARA KRANTIKUMAR,
S/O KINNARA CHAND RAMOHAN,
AGED MAJOR,
RESIDING AT NO.7-925
REHMATH NAGAR,
ANANTHAPURAM TOWN,
ANDHRA PRADESH-515001.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE ORDER DATED 03- 07-2024 VIDE ANNEXURE'G' AN I.A.NO.1 U/S 5 OF LIMITATION
ACT FIELD BY THE RESPONDENT NO.1 IN MVC NO.1758/2025.
AND ORDER ON L.A. UNDER ORDER 6 RULE 17 R/W CPC, AT
ANNEXURE-K FILED BY THE RESPONDENT NO. 1 IN MVC NO.
1758/2025 PASSED BY THE XI ADDITIONAL SMALL CAUSES
JUDGE AND ACJM AND MAC T BENGALURU BY ALLOWING THE
ABOVE WRIT PETITION IN THE INTEREST OF JUSTICE AND
EQUITY.
IN WP No.26553/2026
BETWEEN:
1.
UNITED INDIA INSURANCE
COMPANY. LTD,
OFFICE, 5TH AND 6TH FLOOR,
KRUSHI BHAVAN NRUPATUNGA ROAD,
HC-KAR
CORPORATION CIRCLE,
BANGALORE-560001
REP. BY MANAGER, REGIONAL OFFICE,
UNITED INDIA INSURANCE CO., LTD.,
KRISHI BHAVAN, 6TH AND
5TH FLOOR, HUDSON CIRCLE,
BENGALURU-560001
…PETITIONER
(BY SRI. BENNI RAVISH CHANDRASHEKAR.,ADVOCATE)
AND:
1.
SMT. UPPARA LAKSHMI NARASAMMA,
W/O UPPAR DHANANJAY
AGED ABOUT 39 YEARS,
2.
UPPAR DHANAJAY.
S/O UPPAR MALLIKARJUNA,
AGED ABOUT 40 YEARS,
RESIDING AT 4/2-28,,
UPPAR STREET, URAVAKONDA,
ANANTHPURA DISTRICT,
ANDHRA PRADESH-515812
3.
KINNARA KRANTHI KUMAR,
S/O KINNARA CHANDRAMOHAN,
AGED ABOUT MAJOR,
RESIDING AT 7/9,
25 REHAMATHNAGAR,
ANANTHAPURA TOWN,
ANDRA PRADESH-5105001.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE ORDER DATED 03- 07-2024 VIDE ANNEXURE'G' AN I.A.NO.1 U/S 5 OF LIMITATION
HC-KAR
ACT FIELD BY THE RESPONDENT NO.1 IN MVC NO.1973/2025.
AND ORDER ON I.A. UNDER ORDER 6 RULE 17 R/W CPC, AT
ANNEXURE-K FILED BY THE RESPONDENT NO. 1 IN MVC NO.
1973/2025 PASSED BY THE XI ADDITIONAL SMALL CAUSES
JUDGE AND ACJM AND MAC T BENGALURU. BY ALLOWING THE
ABOVE WRIT PETITION IN THE INTEREST OF JUSTICE AND
EQUITY BY ALLOWING THE ABOVE WRIT PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
IN WP No.26763/2026
BETWEEN:
1.
UNITED INDIA INSURANCE COMPANY. LTD,
OFFICE, 5TH AND 6TH FLOOR,
KRUSHI BHAVAN NRUPATUNGA ROAD,
CORPORATION CIRCLE, BANGALORE-560001
REP. BY MANAGER, REGIONAL
OFFICE, UNITED INDIA INSURANCE CO., LTD., KRISHI BHAVAN, 6TH AND 5TH FLOOR, HUDSON CIRCLE, BENGALURU-560001
…PETITIONER
(BY SRI. BENNI RAVISH CHANDRASHEKAR.,ADVOCATE)
AND:
1.
UPPARA SAVITHRAMMA,
W/O UPPARA NARASIMHALU,
AGED ABOUT 56 YEARS,
2.
UPPARA NARASIMHA MURTHY,
S/O LATE UPPAR NARASIMHALU
AGED ABOUT 39 YEARS,
3.
U. NARENDRA,
HC-KAR
S/O LATE UPPAR NARASIMHALU,
AGED ABOUT 37 YEARS
ALL ARE RESIDING AT NO.6-2-517
OLD R.TO. OFFICE ROAD,
ANANTHAPURA
ANDRA PRADESH-515001.
4.
KINNARA KRANTIKUMAR,
S/O KINNARA CHAND RAMOHAN,
AGED MAJOR, RESIDING AT NO.7-925
REHMATH NAGAR,
ANANTHAPURAM TOWN,
ANDHRA PRADESH-515001.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER
DATED 03-07-2026 VIDE ANNEXURE-G AN I.A.NO.1 U/S 5 OF
LIMITATION ACT FIELD BY THE RESPONDENT NO.1 TO 3 IN
MVC NO.1757/2025. AND ORDER ON I.A. UNDER ORDER 6
RULE
R/W
CPC,
AT
ANNEXURE-K
FILED
BY
THE
RESPONDENT NO. 1 TO 3 IN MVC NO. 1757/2025 PASSED BY
THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND M
AC T BENGALURU BY ALLOWING THE ABOVE WRIT PETITION
IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
HC-KAR
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ORAL ORDER
WP.No.26836/2026 is filed seeking for the following reliefs: "i) Issue a writ in the nature of certiorari quashing the order dated 03-07-2024 vide ANNEXURE'G' an I.A.No.1 U/S 5 of Limitation Act field by the Respondent No.1 in MVC No.1758/2025. And order on I.A. under order 6 Rule 17 R/W CPC, at ANNEXURE-K filed by the Respondent No. 1 in MVC No. 1758/2025 passed by the XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MACT, Bengaluru, by allowing the above writ petition in the interest of justice and equity.
(ii) Pass such other and further order, direction, writ, that this Hon'ble court may pleased to deems to fit, pass an order, on such facts and circumstances of the case, in the interest of justice and equity."
2. WP.No.26553/2026 is filed seeking for the following reliefs: "i) Issue a writ in the nature of certiorari quashing the order dated 03-07-2024 vide ANNEXURE'G' an L.A.No.1 U/S 5 of Limitation Act field by the Respondent No.1 in MVC No.1973/2025. And order on I.A. under order 6 Rule 17 R/W CPC, at ANNEXURE-K filed by the Respondent No. 1 in MVC No. 1973/2025 passed by the XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MACT, Bengaluru, by allowing the above writ petition in the interest of justice and equity.
(ii) Pass such other and further order, direction, writ, that this Hon'ble court may pleased to deems to fit, pass an order, on such facts and circumstances of the case, in the interest of justice and equity. "
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
3. WP.No.26763/2026 is filed seeking for the following reliefs:
"i) Issue a writ in the nature of certiorari quashing the order dated 03-07-2026 vide ANNEXURE'G' an L.A.No.1 U/S 5 of Limitation Act field by the Respondent No.1 to 3 in MVC No.1757/2025. And order on I.A. under order 6 Rule 17 R/W CPC, at ANNEXURE-K filed by the Respondent No. 1 to 3 in MVC No. 1757/2025 passed by the XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MACT, Bengaluru. By allowing the above writ petition in the interest of justice and equity.
ii) Pass such other and further order, direction, writ, that this Hon'ble court may pleased to deems to fit, pass an order, on such facts and circumstances of the case, in the interest of justice and equity."
4. The present writ petitions are filed by the insurer assailing the orders passed by the Claims Tribunal in various claim petitions.
5. Learned counsel for the petitioners submits that in a similar fact situation, a Co-ordinate Bench of this Court in the case of United India Insurance Co.Ltd., v. Uppara Savithramma & Anr.,1, has disposed of the writ petition with certain observations. The relevant portion of the said order is as under:
1 WP No.26334/2026 - Order dated 02.09.2026; NC:2026:KHC:48492 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
"8. In view of the above, no ground is made out for interference with the order impugned herein. The Tribunal may proceed with the claim petition in accordance with law, subject to the directions referred to in paragraph 2 supra regarding the issue of delay, and shall not pass the final award until the issue pending before the Hon'ble Apex Court is resolved or until further orders.
9. With the above observations and directions, the petition stands disposed of."
6. It is forthcoming that a Co-ordinate Bench of this Court, while considering the writ petition filed by the insurer, wherein it was contended that the claim petitions have been filed belatedly, permitted the Tribunal to proceed with the claim petitions. However, it was ordered that the final award shall not be passed until the issue is adjudicated upon by the Supreme Court. The order of the Tribunal allowing the amendment applications filed in the claim proceedings was however, affirmed.
7. In view of the aforementioned, the present writ petitions stand disposed in terms of the observations and directions as passed in the case of Uppara Savithramma & Anr.,1 . Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
8. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
nd List No.: 2 Sl No.: 7
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA