- 1 - HC-KAR NC: 2026:KHC:10176 WP No. 16941 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16941 OF 2025 (GM-AC) BETWEEN: IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., MANGALORE BRANCH, ESSEL WILLCON BENDOORWELL CIRCLE, KANKANADY, MANGALORE. NOW REP BY THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., CUSTOMER SERVICE CENTER, SRI. SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE 560 043. REP BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10176 WP No. 16941 of 2025 AND: 1. MASTER MANDAR S/O. SUDHAKARA POOJARY, AGED ABOUT 19 YEARS R/AT 3-245A, AKSHAYADAMA NIVAS, MANDARA COMPOUND, MARPADY VILLAGE, MOODABIDRI TALUK. 2. SMT. MAYA, W/O. SUDHAKARA POOJARY, AGED ABOUT 40 YEARS. R/AT 3-245A, AKSHAYADAMA NIVAS, MANDARA COMPOUND, MARPADY VILLAGE, MOODABIDRI TALUK. …RESPONDENTS (BY SRI. H PAVANA CHANDRA SHETTY.,ADVOCATE FOR R1; R2 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-E DATED 17-01-2025 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA FILED BY THE 1ST RESPONDENT UNDER SECTION 5 OF LIMITATION ACT AND THE APPLICATION FILED BY - 3 - HC-KAR NC: 2026:KHC:10176 WP No. 16941 of 2025 THE PETITIONER UNDER SECTION ORDER VII RULE 11(D) R/W 151 OF CPC R/W 166(3) OF MV ACT IN MVC NO. 640/2023; II. ALLOWING THE APPLICATION FILED BY THE 1ST RESPONDENT AS PER ANNEXURE-B AND HOLD THAT CLAIM PETITION AS PER ANNEXURE-A IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD 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.640/2023 on the file of the Senior Civil Judge and AMACT, Karkala [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] of the Code of Civil Procedure, 1908 read with Section 166[3] of the - 4 - HC-KAR NC: 2026:KHC:10176 WP No. 16941 of 2025 Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by order dated 31.10.2023 has allowed the application filed by the claimant and by another order dated 17.01.2025 has rejected the application filed by the petitioner. The question: whether a belated claim petition could be entertained condoning the delay under Section 5 of the Limitation Act, 1963 is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ 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. - 5 - HC-KAR NC: 2026:KHC:10176 WP No. 16941 of 2025 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. With this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from 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. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE nv