- 1 - HC-KAR NC: 2026:KHC:10236 WP No. 20158 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. 20158 OF 2024 (GM-AC) BETWEEN: 1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., BY ITS BRANCH MANAGER NO.2, FIRST FLOOR, ROYAL AVENUE 76, BADAGUBETTU VILLAGE OLD POST OFFICE ROAD UDUPI-576 101 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 REGISTER UNDER COMPANIES ACT 1956 …PETITIONER (BY SRI. A.N KRISHNA SWAMY, ADVOCATE) AND: 1. DR. SHRIDHAR BHAT U S/O SHIVARAM BHAT AGED ABOUT 65 YEARS RESIDING AT 'SHRIRASTHU' KELAKUDRU, THENKABETU POST UPPOOR VILLAGE, UDUPI TALUK UDUPI DISTRICT-576 105 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10236 WP No. 20158 of 2024 2. ADARSH S/O JANARDHAN ACHARYA AGED ABOUT 23 YEARS RESIDING AT 'ABHISHEK NILAYA' HEBRI POST, SANTHEKATTE 38, KALATHUR VILLAGE UDUPI TALUK UDUPI DISTRICT-574 106 3. JANARDHAN ACHARYA S/O JOGAPPA ACHARYA AGED ABOUT 62 YEARS 'BHISHEK NILAYA' HEBRI POST, SANTHEKATTE 38 KALATHUR VILLAGE UDUPI TALUK UDUPI DISTRICT-574 106 NOW RESIDING AT VYAVAHAR CLASIK FLAT NO.204, AMBAGILU PUTTUR VILLAGE, UDUPI TALUK UDUPI DISTRICT-576 105 …RESPONDENTS (BY SRI. HEGDE V.S, ADVOCATE FOR R1; R2 AND R3 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-D DTD 25.04.24 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND ALL. MACT UDUPI ON APPLICATION FILED UNDER ORDER 7 RULE 11 (d) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT AS PER ANNEXURE-B IN MVC NO. 584/23. - 3 - HC-KAR NC: 2026:KHC:10236 WP No. 20158 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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.584/2023 on the file of the II Additional Senior Civil Judge and Additional MACT, Udupi [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 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 25.04.2024, has rejected the petitioner’s application. - 4 - HC-KAR NC: 2026:KHC:10236 WP No. 20158 of 2024 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 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:10236 WP No. 20158 of 2024 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.: 73