- 1 - HC-KAR NC: 2026:KHC:11753 WP No. 31773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 31773 OF 2025 (GM-AC) BETWEEN: TATA AIG GENERAL INSURANCE CO. LTD., REGIONAL OFFICE AT NO.69, EMPIRE HOTEL, 2ND FLOOR, J.P. AND DEVI, JAMBUKESHWARA ARCADE, MILLERS ROAD, BENGALURU - 560 051. …PETITIONER (BY SRI. MURALIDHARA N., ADVOCATE) AND: 1. KUM. AISHWARYA T D/O SRI.THIPPAREDDY, AGED ABOUT 24 YEARS, RESIDING AT NO.119, THOKALAHALLI VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT, KARNATAKA - 561 228 2. SRI. NARENDRANATHADATHA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11753 WP No. 31773 of 2025 S/O. SRI. GOVINDACHETTY, AGED ABOUT 49 YEARS, R/AT NO.105, ASHA TOWNSHIP MAIN ROAD, BILISHIVALE, DR. S.R.K NAGAR, BENGALURU - 560 077. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER PASSED AT ANNEXURE - D AND DIRECT THE COURT OF XIX ADDITIONAL SCJ, COURT OF SMALL CAUSES, BENGALURU (SCCH-17), IN MVC NO.4407/2024 TO DISMISS THE I.A UNDER SEC.5 FOR CONDONATION OF DELAY FILED BY THE CLAIMANT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:11753 WP No. 31773 of 2025 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.4407/2024 on the file of the XIX Additional Senior Civil Judge and ACJM, Court of Small Causes, Bengaluru [for short, 'the Tribunal']. The claimant has filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition. The Tribunal, by the impugned order dated 22.03.2025, has allowed the application filed by the claimant. 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 - 4 - HC-KAR NC: 2026:KHC:11753 WP No. 31773 of 2025 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:11753 WP No. 31773 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 22