- 1 - HC-KAR NC: 2025:KHC:30823 WP No. 35342 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35342 OF 2024 (GM-AC) BETWEEN: 1. THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., LEELA BUSINESS PARK 6TH FLOOR, ANDHERI, KURLA ROAD, MUMBAI THE MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., MYSURU TRADING CENTRE, IN FRON TO K.S.R.T.C. BUS STAND, B N ROAD, MYSURU-01, NOW REP BY THE BRANCH MANAGER, HDFC ERGO GIC LTD., BRANCH OFFICE, GROUND FLOOR, ACR TOWER 32, RESIDENCY ROAD, ASHOK NAGAR, BANGALORE, KARNATAKA-560025 (COMPANY REGISTERED UNDER COMPANIES ACT 1956) …PETITIONER (BY SRI. A N KRISHNA SWAMY.,ADVOCATE) AND: 1. KAMALAMMA W/O LATE KUMAR, AGED ABOUT 30 YEARS, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30823 WP No. 35342 of 2024 2. VIJAYAKUMAR K S/O LATE KUMAR, AGED ABOUT 30 YEARS, SINCE MINOR REP BY HIS MOTHER THE IST RESPONDENT, 3. SMT. JAYAMMA W/O LATE SHIVANNA @ SHIVABOVI, AGED ABOUT 30 YEARS, R1 TO 3 ARE R/O SRIRAMNAGAR, GANJIGERE VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK-573131 4. KANTARAJU S/O ERAPPA, AGED ABOUT 24 YEARS, SRIRAMNAGAR, SANTE SHIVAR VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573131 …RESPONDENTS (BY SRI. PRAKASH M PATIL.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-E DTD 30.11.2024 PASSED BY THE IV ADDL DIST AND SESSION JUDGE SIT AT CHANNARAYAPATNA ON APPLICATION ON FILED U/O 7 RULE 11 R/W SECTION 151 OF CPC R/W 166(30 OF THE MV (AMENDMENT) ACT 2019 IN MVC NO 939/2024; ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNX-C AND HOLD THAT CLAIM PETITION AS PER ANNX-A IS NOT MAINTAINABLE. - 3 - HC-KAR NC: 2025:KHC:30823 WP No. 35342 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner - an Insurer is aggrieved by the concerned Tribunal's order on its application under Order VII Rule 11 of the Code of Civil Procedure, 1908 [for short, 'CPC']. The petitioner had sought for rejection of the plaint under Order VII Rule 11 of CPC contending that the application was filed beyond a period of six [6] months contemplated under the Motor Vehicles Act, 1988. It is now brought on record that the Tribunal has disposed of the claim petition on 01.04.2025. If the claim petition is indeed disposed of, the petition is rendered. However, the grounds canvassed in this petition must be available to the Insurer, if it avails its appellate remedy as against the Tribunal's judgment as this Court has not entered into the merits of such grievance. - 4 - HC-KAR NC: 2025:KHC:30823 WP No. 35342 of 2024 The petition stands disposed of observing accordingly. SD/- (B M SHYAM PRASAD) JUDGE RB