- 1 - HC-KAR NC: 2026:KHC:10221 WP No. 5526 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. 5526 OF 2025 (GM-AC) BETWEEN: ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, OPP. HIGH SCHOOL GROUND P B ROAD, DAVANAGERE NOW REP BY THE ICICI LOMBARD GENERAL INSURANCE COMPNY LTD., 121, THE ESTATE BUILDING,9TH FLOOR, DICKENSON ROAD, M.G. ROAD, BANGALORE-560001 REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANIES ACT 1956. …PETITIONER (BY SRI. PRADEEP B.,ADVOCATE) AND: 1. T NAGAPPA S/O. HANUMANTHAPPA, AGED ABOUT 77 YEARS, R/AT NO. 79. NEAR ANJANEYA TEMPLE, NEELANAHALLI VILLAGE, DODDABAATHI POST, DAVANAGERE TALUK AND DISTRICT-57001 2. HALAPPA, S/O. HANUMANTHAPPA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10221 WP No. 5526 of 2025 AGED ABOUT 72 YEARS 3. DURUGAMMA, D/O HANUMANTHAPPA, AGED ABOUT 70 YEARS 4. KUBENDRAPPA, S/O. HANUMANTHAPPA, AGED ABOUT 55 YEARS. 2ND to 4TH RESPONDENTS ARE R/AT DOGGALLI VILLAGE DODDABAATHI POST, DAVANAGERE TALUK AND DISTRICT -577001 5. AADAM, S/O. IMAM SAAG, AGED ABOUT 42 YEARS R/AT NO. 789, DARGA ROAD, 4TH WARD, DODDABAATHI VILLAGE - POST, DAVANAGERE TALUK AND DISTRICT.-577001 6. BASAVA RAJESWARI, S/O. VISHWANATH H.M. AGED ABOUT 39 YEARS R/AT VILLA 68, PRESTIGE OASIS, ADDE VISHWANATHAPURA, RAJANUKUNTE, BANGALORE - 560064. …RESPONDENTS THIS WRIT PETITION IS FILED PRAYING TO QUASH THE ORDER AS PER ANNX-E DATED 29/11/2024 PASSED BY THE COURT OF THE II ADDL. SR. CIVIL JUDGE AND JMFC, DAVANAGERE ON APPLICATION BEARING NO. 1/2025 FILED - 3 - HC-KAR NC: 2026:KHC:10221 WP No. 5526 of 2025 UNDER SECTION 5 OF LIMITATION ACT AS PER ANNX-D AND NO. 2/2025 FILED UNDER ORDER VII RULE II (d) R/W 151 OF CPC AND 166(3) OF MV ACT AS PER ANNX-B IN MVC NO. 323/2023.ii. ALLOW THE APPLICATION FILED BY THE R1 UNDER SECTION 5 OF THE LIMITATION ACT AS PER ANNX-D AND HOLD THAT CLAIM PETITION AS PER ANNX-A IS MAINTAINABLE.GRANT AN INTERIM ORDER TO STAY OF FURTHER PROCEEDINGS MVC NO. 323/2023 ON THE FILE COURT OF THE COURT OF THE II ADDL. SR. CIVIL JUDGE AND JMFC, DAVANAGERE, PENDING DISPOSAL OF THE ABOVE WP. THIS PETITION, COMING ON FOR ORDERS, 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.323/2023 on the file of the II Additional Senior Civil Judge and JMFC, Davanagere [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 - 4 - HC-KAR NC: 2026:KHC:10221 WP No. 5526 of 2025 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 29.11.2024, has allowed the application filed by the claimants rejecting the application filed by the petitioner. 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. - 5 - HC-KAR NC: 2026:KHC:10221 WP No. 5526 of 2025 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. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE nv list No.: 4 Sl No.: 57