- 1 - HC-KAR NC: 2026:KHC:4800 WP No. 289 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 289 OF 2026 (GM-AC) BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. NO.141, SRI. SHANTHI TOWER, NGEF LAYOUT, KASTURINAGAR, BENGALURU - 560 043 REPRESENTED BY ITS MANAGER, NARENDRAN.S COMPANY REGISTERED UNDER COMPANY ACT-1956 …PETITIONER (BY SRI. B. PRADEEP., ADVOCATE) AND: 1. ALVIN KUMAR S/O. DEVANESAN.A., AGED ABOUT 27 YEARS, R/AT 10TH CROSS ROAD, NEAR AROGYA ANAIAH CHURCH, VIYAJANAGAR, WHITEFIELD, BANGALORE - 560 066. 2. MADHU KUMAR D.E., S/O. ERANNA, NO. 106, DODDAHULLURU, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4800 WP No. 289 of 2026 HOSKOTE TALUK, BANGALORE - 562 114 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH THE ORDERS ON IA NO.III DATED 18-11-2025 PASSED BY THE COURT OF XVI ADDL. SMALL CAUSE JUDGE AND ACJM, BANGALORE IN M.V.C.NO.390/2024 AT ANNEXURE-A.; B. ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER VII RULE 11(D) R/W SEC. 151 OF CPC ON IA NO.III AT ANNEXURE-D IN M.V.C.NO.390/2024 ON THE FILE OF THE COURT OF XVI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, BENGALURU AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:4800 WP No. 289 of 2026 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.390/2024 on the file of the XVI Additional Small Causes Judge and ACJM, Bengaluru [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 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 18.11.2025, 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 petition in WP [Civil] No. 166/2024 and connected - 4 - HC-KAR NC: 2026:KHC:4800 WP No. 289 of 2026 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:4800 WP No. 289 of 2026 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/- List No.: 3 Sl No.: 6