- 1 - HC-KAR NC: 2026:KHC:10162 WP No. 20385 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. 20385 OF 2024 (GM-AC) BETWEEN: THE BRANCH MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD., 1ST FLOOR, H.M. ASTREED, NO. 36, J. C. ROAD, BANGALORE - 560 002. (COMPANY REGISTERED UNDER COMPANIES ACT, 1950) …PETITIONER (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. SRI. MANJUNATH. K. S. S/O. K. K. SRIPATHI SHETTY, AGED ABOUT 61 YEARS, R/O. LAKSHMAMMA BADAVANE, HIRIYUR TOWN-572 143. 2. MANJANNA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10162 WP No. 20385 of 2024 S/O. ERANNA, R/O. NELAGETHANAHATTI POST, CHALLAKERE TALUK-577 536. …RESPONDENTS (BY SRI. RAGHU R., ADVOCATE FOR R1) 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 06.04.2024 PASSED BY SENIOR CIVIL JUDGE AND JMFC, HIRIYUR ON IA NO.2 FILED UNDER ORDER 7 RULE 11 (d) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166 (3) OF IMV ACT IN MVC NO.767/2023 AND ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNEXURE -B AND HOLD THAT CLAIM PETITION AS PER ANNEXURE-A IS NOT MAINTAINABLE. 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:10162 WP No. 20385 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.767/2023 on the file of the Senior Civil Judge and JMFC, Hiriyur [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] r/w. Section 151 of the Code of Civil Procedure, 1908 and under Section 166(3) of the Act 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 06.04.2024, 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:10162 WP No. 20385 of 2024 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:10162 WP No. 20385 of 2024 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RS List No.: 4 Sl No.: 24