- 1 - HC-KAR NC: 2026:KHC:10165 WP No. 21314 of 2024 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. 21314 OF 2024 (GM-AC) BETWEEN: BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.25 AND 26, ESSEL WILCON COMPLEX ABOVE RADHA MEDICALS BENDOORWELL CIRCLE KANAKANADY, MANGALORE - 575 002 BY ITS DIVISIONAL MANAGER NOW REP. BY THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. GOLDEN HEIGHTS, 4TH FLOOR NO.1/2, 59TH 'C' CROSS 4TH 'M' BLOCK, RAJAJI NAGAR BANGALORE - 560 010 COMPANY REGISTERED UNDER COMPANIES ACT 1956 …PETITIONER (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. SMT. JAYA MADEVA DEVADIGA AGED 46 YEARS W/O LATE MADEVA DEVADIGA 2. KUMARI SUMANGALA AGED 22 YEARS D/O LATE MADEVA DEVADIGA 3. RAVI AGED 24 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10165 WP No. 21314 of 2024 S/O LATE MADEVA DEVADIGA ALL ARE R/AT KOTAKHANDA MARUKERI, BHATKAL TLAUK U K DISTRICT PRESENTLY R/O C/O MANISH ISHWARA NAGAR, GARADIMAJALU TENKANIDYOOR, UDUPI DISTRICT 4. JYOTHI MANJAYYA DEVADIGA AGED 25 YEARS W/O MANJAYYA DEVADIGA R/AT GUDIGARBALE, MALAVALLI, MURUDESHWARA, BHATKALA TALUK U K DISTRICT …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS AS PER ANNEXURE-D DATED 20- 04-2024 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI REJECTING THE APPLICATION BEARING NO.3 FILED BY PETITIONER UNDER ORDER 7 RULE 11(d) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT IN MVC NO. 483/2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10165 WP No. 21314 of 2024 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.483/2023 on the file of the Principal Senior Civil Judge and CJM, Udupi [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] r/w. Section 151 of the Code of Civil Procedure, 1908 r/w. Section 166(3) of the Act contending that the claim petition cannot be entertained because it is filed beyond six months from the date of accident. The Tribunal, by the impugned order dated 20.04.2024, has rejected the petitioner’s application. The question: whether a claim petition filed beyond six months from the date of the accident can be entertained 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 - 4 - HC-KAR NC: 2026:KHC:10165 WP No. 21314 of 2024 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. 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. - 5 - HC-KAR NC: 2026:KHC:10165 WP No. 21314 of 2024 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RS List No.: 4 Sl No.: 25