- 1 - HC-KAR NC: 2026:KHC:8437 WP No. 2630 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2630 OF 2026 (GM-AC) BETWEEN: THE ORIENTAL INS.CO.LTD., BRANCH OFFICE, AT NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BENGALURU-560 025. NOW REPRESENTED BY MANAGER LEGAL. …PETITIONER (BY SRI. ASHOK N PATIL.,ADVOCATE) AND: 1. N SUBRAMANYAM S/O N.VENKATASWAMY, AGED ABOUT 50 YEARS, RESIDING AT NO.9-36/1, RAJIVNAGAR COLONY, PILERU, CHITTOOR, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8437 WP No. 2630 of 2026 ANDHRA PRADESH-517214. 2. N.MUNIKRISHNA S/O N.JAGANNADHAN, NO.2-94, MARTHUVARIPALLI, JOGIVARIPALLI, MARTHUVAR SADUM, CHITTOOR-517123. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.01.2025 IN MVC NO.3743/2023 PASSED BY THE COURT OF THE XVIII ADDITIONAL SMALL CAUSES JUDGE AND ACIM, AT BENGALURU (SCCH-4) ON IA FILED UNDER SECTION 5 OF LIMITATION ACT AT ANNEXURE-E. 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:8437 WP No. 2630 of 2026 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.3743/2023 on the file of the XVIII Additional Small Causes Judge and ACJM, 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 and the Tribunal, by the impugned order dated 06.01.2025, 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 dated 16.12.2025 has observed that the - 4 - HC-KAR NC: 2026:KHC:8437 WP No. 2630 of 2026 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. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV