- 1 - HC-KAR NC: 2026:KHC:19655 WP No. 2011 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2011 OF 2026 (GM-AC) BETWEEN: SRIRAM GENERAL INSURANCE COMPANY LTD NO 25TH, 36TH CROSS, 2ND BLOCK, RAJAJINAGARA, BENGALURU-560010. NOW REP. BY M/S SHRIRAM GENERAL INSURANCE COMPANY LTD NO 5/4, 3RD FLOOR, S.V.R ARCADE, BINALAKALLI MAIN ROAD, BILEKAHALLI OF B.G.ROAD, IIMB POST, BANGALORE-76. REP. BY ITS MANAGER LEGAL. …PETITIONER (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SMT SHARADAMMA W/O LATE LAKSMINARAYANAPPA C.N AGED ABOUT 68 YEARS. R/A ARODI VILLAGE, DODDABALLAPURA TALUK, BENGALORE RURAL DISTRICT -561204 2. MOHAN KUMAR C.L S/O LATE LAKSMINARAYANAPPA C.N, AGED ABOUT 46 YEARS. R/A ARODI VILLAGE, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19655 WP No. 2011 of 2026 DODDABALLAPURA TALUK, BENGALORE RURAL DISTRICT -561204 3. SUNDAR KUMAR C.L, S/O LATE LAKSMINARAYANAPPA C.N, AGED ABOUT 46 YEARS. R/A ARODI VILLAGE, DODDABALLAPURA TALUK, BENGALORE RURAL DISTRICT -561204 4. SRI. T. PRANESH RAO, S/O SEETHARAM RAO R/AT WARD NO.15, JOGERVADA, GANGAVATHI TALUK KOPPALA DISTRICT 583222. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 9/9/2025 PASSED BY THE COURT OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM AT BENGALURU NO 2580/2025 ANNEXURE-E ON THE APPLICATION FIELD AT ORDER 7 RULES 11(D)R/W 151OF CIVIL PROCEDURE CODE AT ANNEXURE-D. B) ALLOW THE APPLICATION NO II FILED BY THE PETITIONER UNDER ORDER 7 RULE 11(D) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT AS PER THE ANNEXURE-D IN MVC NO 2580/2025 AND HOLD THAT THE CLAIM PETITION IN MVC NO 2580/2025 AT ANNEXURE-B FILED BY THE RESPONDENT NO 1 TO 3 IS BARRED BY TIME AND IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:19655 WP No. 2011 of 2026 ORAL ORDER The captioned writ petition is filed by the Insurance Company calling in question the order dated 09.09.2025 passed by the XIII Additional Judge, Court of Small Causes and ACJM, Bengaluru in M.V.C.No.2580/2025, whereby the Tribunal has proceeded with the adjudication of the claim petition notwithstanding the contention of the petitioner that the claim petition itself is barred by limitation, having been instituted beyond the prescribed period of six months. 2. Learned counsel appearing for the petitioner– Insurance Company submits that the Tribunal has committed an error in proceeding with the claim petition despite the admitted fact that the claim petition has been filed beyond the statutory period of six months. In support of his contention, learned counsel has placed reliance on a judgment rendered by a Co-ordinate Bench of this Court, wherein the question relating to the maintainability of - 4 - HC-KAR NC: 2026:KHC:19655 WP No. 2011 of 2026 claim petitions filed beyond the prescribed period and the applicability of Section 5 of the Limitation Act, 1963, for condonation of delay in such matters has been examined. 3. Having examined the judgment relied upon by the learned counsel for the petitioner, this Court is informed that the very same question, namely, whether a belated claim petition under the Motor Vehicles Act, 1988 can be entertained by invoking Section 5 of the Limitation Act, 1963 for condonation of delay beyond the statutory period, is presently under consideration before the Hon’ble Apex Court in Special Leave to Appeal (C) Nos.8412–8413 of 2023. It is also brought to the notice of this Court that in several similar matters, Co-ordinate Benches of this Court, while taking note of the pendency of the aforesaid Special Leave Petitions before the Hon’ble Supreme Court, have disposed of writ petitions with an observation that the pendency of the matter before the Hon'ble Apex Court shall not come in the way of the Tribunal proceeding with the adjudication of the claim - 5 - HC-KAR NC: 2026:KHC:19655 WP No. 2011 of 2026 petitions. However, the Tribunal has been directed to defer the pronouncement of the final judgment and award until the issue regarding maintainability of such belated claim petitions is authoritatively decided by the Hon’ble Supreme Court. 4. In the light of the consistent view taken by the Co-ordinate Benches of this Court and bearing in mind that the issue concerning the maintainability of claim petitions filed beyond the period of six months is presently sub judice before the Hon’ble Apex Court, this Court deems it appropriate to adopt the same course. Accordingly, the Motor Accident Claims Tribunal is directed to proceed with the adjudication of the claim petition on merits. 5. However, the Tribunal shall refrain from pronouncing the final judgment and award until the Hon’ble Supreme Court renders its decision in the aforesaid Special Leave Petitions concerning the - 6 - HC-KAR NC: 2026:KHC:19655 WP No. 2011 of 2026 maintainability of claim petitions filed beyond the prescribed period of limitation. 6. With these observations and directions, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 3