- 1 - HC-KAR NC: 2026:KHC:2569 WP No. 483 of 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. 483 OF 2026 (GM-AC) BETWEEN: THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY, NO 2/1-1, 2ND FLOOR, 11TH MAIN ROAD, JAYANAGAR, BENGALURU-560011. 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 SWETHA GOWRAMMA W/O. LATE N.M. CHENGAPPA, AGED ABOUT 42 YEARS, R/AT. NO. 274, AMBATTI VILLAGE, BITTANGALA POST, VIRAJPET TALUK, KODAGU DISTRICT-571218. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2569 WP No. 483 of 2026 2. MASTER N.C. SHREYAS MADAPPA S/O. LATE N.M. CHENGAPPA, AGED ABOUT 17 YEARS, R/AT. NO. 274, AMBATTI VILLAGE, BITTANGALA POST, VIRAJPET TALUK, KODAGU DISTRICT-571218. SINCE RESPONDENT NO.2 IS MINOR REP BY HIS MOTER & NATURAL GUARDIAN RESPONDENT NO.1 SMT. SWETHA GOWRAMMA. 3. SRI. BASAVARAJU B.S. S/O. LATE SIDDAIAH, AGED ABOUT 38 YEARS, R/AT. BANATHALLI VILLAGE, CHENNAPATNA TALUK, RAMANAGARA DISTRICT - 571 504. (DRIVER OF VEHICLE KA 04-AB-8377) 4. SRI. R. LOKESH, S/O. LATE RAMANNA, AGED ABOUT 45 YEARS, R/AT. NO, 26, CHOWKA HALLI, BAYRAMANGALA HOBLI, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562109. (OWNER OF VEHICLE KA-04-AB-8377). …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-F AND G - 3 - HC-KAR NC: 2026:KHC:2569 WP No. 483 of 2026 RESPECTIVELY, DATED 21.08.2025 PASSED IN MVC NO.149/2023, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, VIRAJPET, ALLOWING THE IA NO.I FILED BY THE CLAIMANTS FOR CONDONATION OF DELAY IN FILING THE CLAIM PETITION AND DISMISSING IA NO.II FIELD BY THE INSURANCE COMPANY FILED UNDER SEC. 166(3) OF AMENDED M.V.ACT. AND TO 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.149/2023 on the file of the Senior Civil Judge and MACT, Virajpet [for short, 'the Tribunal']. If the claimants have filed an application under Section 5 of the Limitation Act, 1963 for - 4 - HC-KAR NC: 2026:KHC:2569 WP No. 483 of 2026 condonation of the delay in filing the claim petition, the petitioner has filed an application under Section 166[3] of the Act contending that the petition because it is filed beyond six months from the date of accident is not maintainable. The Tribunal, by the impugned orders both dated 21.08.2025 has allowed the application filed by the claimants rejecting the application filed by the petitioner. The question whether a belated petition could be entertained condoning the delay under Section 5 of the Limitation Act, 1963 is a question that is pending before 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 - 5 - HC-KAR NC: 2026:KHC:2569 WP No. 483 of 2026 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 final outcome in the pending matters before the Apex Court. This Court must also observe that the Tribunal must proceed with the adjudication of the claim petition but restrain from pronouncing the judgment. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE AN/-