- 1 - HC-KAR NC: 2026:KHC:10243 WP No. 20487 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. 20487 OF 2025 (GM-AC) BETWEEN: 1. IFFCO TOKIO GENERAL INSURANCE CO LTD COMPANY IS REGISTERED UNDER COMPANIES ACT, 1956 JCR EXTENSION MAIN ROAD OPPOSITE BANK OF INDIA CHITRADURGA DIST. THROUGH ITS CUSTOMER SERVICE CENTER, SRI SHANTHI TOWERS 5TH FLOOR, NO.141, 3RD MAIN EAST OF NGEF LAYOUT KASTURI NAGAR BANGALORE 560 043 REPRESENTED BY ITS LEGAL MANAGER …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. SRI. KUMARADAS D.T S/O THIMAPPA D AGED ABOUT 19 YEARS R/AT KABIRANANDA SWAMY MUTT AGALAU AREA CHITRADURGA DIST. 2. SRI. LINGARAJAPPA S/O REVANASIDDAPPA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10243 WP No. 20487 of 2025 MAJOR R/AT CHIKKA EMMIGANURU VILLAGE AND POST HOLALKERE TALUK CHITRADURGA DISTRICT …RESPONDENTS (R1 AND R2 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER DATED 27-01-2025 PASSED BY THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM IN MVC NO.1173/2023 AT ANNEXURE-E ON APPLICATION UNDER ORDER 7 RULE 11 (D) READ WITH SECTION 166(3) OF M.V. ACT 2019 AT ANNEXURE-C AND ALLOW THE APPLICATION AT ANNEXURE-C AND HOLD THAT THE CLAIM PETITION MVC.NO.1123/2023 AT ANNEXURE-A FILED BY THE RESPONDENT NO.1 BARRED BY TIME AND IS NOT MAINTAINABLE. 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 - 3 - HC-KAR NC: 2026:KHC:10243 WP No. 20487 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.1173/2023 on the file of the Principal Senior Civil Judge and CJM, Chitradurga [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 27.01.2025, has rejected the petitioner’s application. 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 - 4 - HC-KAR NC: 2026:KHC:10243 WP No. 20487 of 2025 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 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:10243 WP No. 20487 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 80