- 1 - HC-KAR NC: 2026:KHC:2579 WP No. 715/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 715/2026 (GM-AC) BETWEEN: THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., MYSORE TRADING CENTRE, OPP. KSRTC BUS STAND, B.N.ROAD, MYSORE-570001 REP. BY ITS SENIOR MANAGER - LEGAL, AUTHORISED SIGNATORY. GROUND FLOOR, ACR TOWER, 32, RESIDENCY ROAD, OPPOSITE TO SBI BANK ASHOK NAGAR, BANGALORE - 560025. (COMPANY REGISTERED UNDER COMPANIES ACT 2014). …PETITIONER (BY SRI. D VIJAYA KUMAR, ADVOCATE) AND: 1. SMT GEETHA N N W/O. LATE. SANNASWAMY AGED ABOUT 33 YEARS 2. KUM. SANVIKA D/O. LATE. SANNASWAMY, AGED ABOUT 07 YEARS 3. KUM. KANNIKA S. D/O. LATE. SANNASWAMY, AGED ABOUT 06 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2579 WP No. 715/2026 R2 AND R3 ARE R/AT. NETTEKERE VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT- 573 115 SINCE THE R2 AND R3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, RESPONDENT NO. 1, SMT. GEETHA N.N. 4. SRI. HONNAIAH S/O. LATE SANNAIAH, AGED ABOUT 71 YEARS 5. SMT. PUTTALAKSHMAMMA W/O. HONNAIAH, AGED ABOUT 61 YEARS R4 and R5 are R/AT. THYAGATUR VILLAGE, KATTAYA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 128 6. SRI. H. THIPPESWAMY S/O. H. THIPPANNA MAJOR, R/AT. NO.130, HOSA JANATHA LAYOUT VENIVEERAPURA BELLARI TOWN BELLARY DISTRICT KARNATAKA-583115 (OWNER OF THE TIPPER LORRY BEARING REG. NO.KA-34-B-4563). …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. QUASH THE ORDER AS PER ANNEXURE- G DATED.19.09.2025 PASSED IN MVC NO.12/2024, ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T. AT BELUR, ALLOWING THE IA NO. I FILED BY THE - 3 - HC-KAR NC: 2026:KHC:2579 WP No. 715/2026 CLAIMANTS FOR CONDONATION OF DELAY IN FILING THE CLAIM PETITION AND DISMISSING IA NO.II FIELD BY THE INSURANCE COMPANY FILED UNDER ORDER VII RULE 11(d) AND R/W SEC. 151 OF CPC AND ALSO R/W SEC. 166(3) OF AMENDED M.V. ACT. AND ALLOW THE IA NO.II, AND DISMISS THE CLAIM PETITION ON THE GROUND OF THE PETITION IS BARRED U/SEC. 166(3) OF AMENDED M.V. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD 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.12/2024 on the file of the Senior Civil Judge and MACT, Belur [for short, 'the Tribunal']. If 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 petitioner has filed an application under Order - 4 - HC-KAR NC: 2026:KHC:2579 WP No. 715/2026 VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 contending that the petition because it is filed beyond six months from the date of accident is not maintainable. The Tribunal, by the impugned common orders both dated 19.09.2025 has allowed the application filed by the claimant rejecting the application filed by the petitioner. 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 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. - 5 - HC-KAR NC: 2026:KHC:2579 WP No. 715/2026 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. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 3 Sl No.: 25