- 1 - HC-KAR NC: 2026:KHC:10241 WP No. 9817 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. 9817 OF 2025 (GM-AC) BETWEEN: BHARATHI AXA GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, HOSTA CENTRE. NO.43, MILLAR ROAD, VASANTH NAGAR, OPP. IMPERIAL HOTEL, BANGALORE - 560 052. NOW REP. BY THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.121, THE ESTATE BUILDING, 9TH FLOOR, DICKENSON ROAD, M.G. ROAD, BANGALORE - 560 001 REP. BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. PARVEEN BANU W/O SHAIK MOHAMUDI AGED ABOUT 41 YEARS 2. SHAIK MOHAMMED S/O ZARUDDIN AGED ABOUT 46 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10241 WP No. 9817 of 2025 BOTH ARE R/O NEAR WATER TANK, J J HATTI, CHITRADURGA-574501 3. HIDAYATH ULLA, S/O HABIB SAB, AGED ABOUT 37 YEARS R/O. BEHIND SIGBATH HOTEL, AZAD NAGARA, HIRIYUR TOWN, CHITRADURGA DISTRICT - 572 143 4. H. RAFI, S/O. HAYATH SAB, MAJOR, R/O. BESIDE HOUSING BOARD, HIRIYUR TOWN - 572 143 …RESPONDENTS (R-1 TO R-4 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEX-F DATED 07.01.2025 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR ON APPLICATION BEARING NO.1/2025 FILED UNDER SECTION 5 OF LIMITATION ACT AS PER ANNEXURE B AND NO.2/2025 FILED UNDER ORDER VII RULE 11 (d) R/W 151 OF CPC AND 166(3) OF MV ACT AS PER ANNEX-D IN MVC NO.566/2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GRUOP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10241 WP No. 9817 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.566/2024 on the file of the Senior Civil Judge and JMFC, Hiriyur [for short, 'the Tribunal']. If the claimants have filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition, 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 Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by the common impugned order dated 07.01.2025, has allowed the application filed by the claimant rejecting the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:10241 WP No. 9817 of 2025 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. 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 - 5 - HC-KAR NC: 2026:KHC:10241 WP No. 9817 of 2025 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 List No.: 4 Sl No.: 78