- 1 - HC-KAR NC: 2026:KHC:2832 WP No. 391 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. 391 OF 2026 (GM-AC) BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. NO. 141, SRI. SHANTHI TOWER, NGEF LAYOUT, KASTURINAGAR, BENGALURU-560043 REPRESENTED BY ITS LEGAL MANAGER, NARENDRAN. S COMPANY REGISTERED UNDER COMPANY ACT-1956 …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. RAMESH S/O. CHINNAPPAIAH, AGED ABOUT 44 YEARS, SINGANAHALLI VILLAGE PANCHAYATH, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, MYDANAHALLI, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2832 WP No. 391 of 2026 TUMKURU 572 127. 2. JAGADISH, S/O. KRISHNAPPA, NO. 246, SIDDHARTHA COLONY, MADIWALA, BENGALURU-560 068. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS ON IA NO. II DATED 28-11-2025 PASSED BY THE COURT OF X ADDL. SMALL CAUSE JUDGE AND ACJM, BANGALORE IN M.V.C. NO.5239/2024 AT ANNEXURE A; B. ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO 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 -E IN M.V.C. NO. 5239/2024 ON THE FILE OF THE COURT OF VIII ADDL. JUDGE AND ACJM, MEMBER, MACT-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:2832 WP No. 391 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.5239/2024 on the file of the VIII Additional Judge and ACJM, Member, MACT, 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 28.11.2025, 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 - 4 - HC-KAR NC: 2026:KHC:2832 WP No. 391 of 2026 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. 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:2832 WP No. 391 of 2026 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-