- 1 - HC-KAR NC: 2026:KHC:19131 WP No. 21008 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21008 OF 2024 (GM-AC) BETWEEN: BRANCH MANAGER MAGMA GENERAL INSURANCE CO. LTD., HMJC TOWERS, 36, 1ST FLOOR, JC ROAD, BENGALURU - 560 002. NOW REP BY THE MANAGER, M/S MAGAMA HDI GENERAL INSURANCE COMPANY LTD, 1ST FLOOR, JANARDHAN TOWERS, 133/2, RESIDENCY ROAD, BANGALORE - 560 025. …PETITIONER (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE) AND: 1. DADAPPEER S/O C.MUNNA, AGED ABOUT 25 YEARS, R/AT NEAR JAYAPADMA BUILDING, HIMATH NAGARA, CHITRADURGA. 2. BOY RAMA MAYADU. S/O BOY PRAKASH, MAJOR, R/AT H.NO.3157, ALARUDINE, DEVANAKONDA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19131 WP No. 21008 of 2024 KARNOOL - 518 465. ANDRAPRADESHA STATE. 3. MOHAMMED AHAMMED KHAN S/O INAYATH KHAN, R/O BADAMAKHAN ROAD, NEAR D.P.CRICLE, CHITRADURGA. 4. THE BRANCH MANAGER, ROYAL SUNDARM GENERAL INSURANCE COMPANY LTD, NO 186, RAGAVENDRA COMPLEX, HOSUR MAIN ROAD, WILLSON GURDEN, BANGALORE. …RESPONDENTS (BY SRI. R. SHASHIDHARA, ADVOCATE FOR R1 R3 - SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER AS PER ANNEXURE-D DATED 09/02/2024 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA FILED UNDER ORDER 7 RULE 11(D) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT IN MVC NO. 513/2023. WHICH IS NUMBERED AS IA NO. 1/2023. 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:19131 WP No. 21008 of 2024 ORAL ORDER The captioned writ petition is filed by the Insurance Company calling in question the order dated 09.02.2024 passed by the Prl. District and Sessions Judge, Chitradurga in M.V.C. No.513/2023, 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 claim petitions filed beyond the prescribed period and the - 4 - HC-KAR NC: 2026:KHC:19131 WP No. 21008 of 2024 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 petitions. However, the Tribunal has been directed to defer - 5 - HC-KAR NC: 2026:KHC:19131 WP No. 21008 of 2024 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 maintainability of claim petitions filed beyond the prescribed period of limitation. - 6 - HC-KAR NC: 2026:KHC:19131 WP No. 21008 of 2024 With these observations and directions, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GJM List No.: 3 Sl No.: 12