- 1 - HC-KAR NC: 2026:KHC:2833 WP No. 414 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 414 OF 2026 (GM-AC) BETWEEN: THE REGIONAL MANAGERR IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED BRINDAVANA FLOOR P6(D) 1ST MAIN 1ST STAGE PEENYA INDUSTRIAL BANGALORE 560058 NO 141 SRI SHANTHI TOWER NGEF LAYOUT KASTURINAGAR BENGALURU 560043 REP BY ITS MANAGER NARENDRAN S COMPANY REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. KRISHNAMURTHY B H S/O. LATE. CHIKKA HANUMAPPA, AGED ABOUT 46 YEARS. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2833 WP No. 414 of 2026 2. MISS. AMBIKA. K. D/O. KRISHNAMURTHY B.H., AGED ABOUT 21 YEARS. 3. MISS. HARSHIKA. K D/O. KRISHNAMURTHY B.H., AGED ABOUT 10 YEARS. SINCE RESPONDENT NO.3 IS MINOR, WILL BE REP. BY HER FATHER I.E., 1ST RESPONDENT. R/AT KODIHALLI VILLAGE, BEHIND OLD HIGH SCHOOL, KODIHALLI (P), DHARUMPUR(H), HIRIYUR TALUK, CHITRADURGA DISTRICT-577511. 4. BASAVARAJA. G S/O. GOWDAPPA, AGED ABOUT 48 YEARS, R/AT. GUDDADA GOLLARAHATTY, KODIHALLI (P), DHARUMPUR (H), HIRIYUR TALUK, CHITRADURGA - 577 511. 5. PRAHANTH KUMAR K B S/O. BASAVARAJU, AGED ABOUT 33 YEARS. R/AT KODIHALLI VILLAGE, KODIHALLI (P), DHARUMPUR (H), HIRIYUR TALUK, CHITRADURGA - 577511. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:2833 WP No. 414 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ORDERS ON IA NO. 1 DATED 29.11.2025 PASSED BY THE COURT OF X ADDL. SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU (SCCH-16) IN MVC NO. 8997/2024 AT ANNX-A. ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO REJECT THE APPLICATION FILED BY THE RESPONDENT UNDER SECTION 5 OF THE LIMITATION ACT AT ANNX-C IN MVC NO. 8997/2024 ON THE FILE OF THE COURT OF X ADDL. SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU (SCCH-16) AND HOLD THAT THE CLAIM PETITON 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 - 4 - HC-KAR NC: 2026:KHC:2833 WP No. 414 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.8997/2024 on the file of the X Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru [for short, 'the Tribunal']. 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 Tribunal, by the impugned order dated 29.11.2025 has allowed the application filed by the claimants. 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 - 5 - HC-KAR NC: 2026:KHC:2833 WP No. 414 of 2026 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. - 6 - HC-KAR NC: 2026:KHC:2833 WP No. 414 of 2026 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-