- 1 - HC-KAR NC: 2026:KHC:10161 WP No. 20164 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. 20164 OF 2024 (GM-AC) BETWEEN: ICICI LOMBARD GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, OFFICE AT ESTATE BUILDING, NO. 21, 9TH FLOOR, DICKENSON ROAD CROSS, (M.G. ROAD), BENGALURU-560 042. (COMPANY REGISTERED UNDER COMPANIES ACT, 1956) …PETITIONER (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. SRI. JAYAKUMAR G @ JAYKUMAR S/O. CHALUVEGOWDA, AGED ABOUT 40 YEARS, R/AT NO. 22, RAJARAJESHWARINAGARA, 5TH CROSS, NEAR VIGNANA PUBLIC SCHOOL, LAGGERE, BENGALURU - 560 058 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10161 WP No. 20164 of 2024 2. M/S. MAHENDRA LOGISTICS LTD., REP. BY ITS MANAGER/ ITS AUTHORIZED PERSON, NO.104, INFANTRY TECHNO PARK, 4TH FLOOR, INFANTRY ROAD, SHIVAJINAGAR, BENGALURU - 560 001. …RESPONDENTS 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 22.12.2023 PASSED BY XVIII ADDL. JUDGE COURT OF SMALL CAUSES AND ACMM, BENGALURU ON APPLICATION FILED UNDER SECTION 5 OF LIMITATION ACT IN MVC NO. 3343/2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10161 WP No. 20164 of 2024 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.3343/2023 on the file of the XVIII Additional Judge, Court of Small Causes & ACMM, 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 22.12.2023, 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 - 4 - HC-KAR NC: 2026:KHC:10161 WP No. 20164 of 2024 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:10161 WP No. 20164 of 2024 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RS List No.: 4 Sl No.: 23