- 1 - HC-KAR NC: 2026:KHC:10246 WP No. 4197 of 2026 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. 4197 OF 2026 (GM-AC) BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. SHANTHI TOWERS, 5TH FLOOR, NO. 141, 3RD MAIN, EAST TO NGEF LAYOUT, KASTHURINAGAR, BENGALURU-560043 REPRESENTED BY ITS MANAGER, NARENDRA.S COMPANY REGISTERED UNDER COMPANY ACT - 1956 …PETITIONER (BY SRI. B. PRADEEP., ADVOCATE) AND: 1. RAJESH S M @ RAJAPPA S/O. MUNIYALLAPPA, AGED ABOUT 44 YEARS. R/AT NO.106, SOMAPURA, ANEKAL TALUK, BANGALORE - 562 125 2. JAY JAGANNATH SAMAL EVENT PRODUCTION, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10246 WP No. 4197 of 2026 REPTD. BY IT'S AUTHORISED SIGNATORY, NO. 23, AS NO.85, KURUBARAHALLI VILLAGE, TAVAREKERE HOBLI, BANGALORE - 560 043. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDERS ON IA NO.1 DATED 12-09-2025 PASSED BY THE COURT OF THE XIII ADDITIONAL JUDGE, CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE IN MVC NO. 2321/2025 AT ANNEX-A. B. BE PLEASED TO ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO REJECT THE APPLICATION FILED BY THE CLAIMANT UNDER SECTION 5 OF THE LIMITATION ACT AT ANNEXURE-C IN M.V.C. NO.2321/2025 ON THE FILE OF THE COURT OF THE XIII ADDITIONAL JUDGE, CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10246 WP No. 4197 of 2026 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.2321/2025 on the file of the XIII Additional Judge, 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 12.09.2025, 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. - 4 - HC-KAR NC: 2026:KHC:10246 WP No. 4197 of 2026 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. 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:10246 WP No. 4197 of 2026 The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 45