- 1 - HC-KAR NC: 2026:KHC:2576 WP No. 671/2026 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. 671/2026 (GM-AC) BETWEEN: THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., NO.25/1, 2ND FLOOR, SHANKARANARAYANA BUILDING, NO.2, M.G.ROAD, BANGALORE-560 025. REP. BY ITS SENIOR MANAGER - LEGAL,/ AUTHORISED SIGNATORY. GROUND FLOOR, ACR TOWER, 32, RESIDENCY ROAD, OPPOSITE TO SBI BANK, ASHOK NAGAR, BANGALORE - 560 025. (COMPANY REGISTERED UNDER COMPANIES ACT 2014 …PETITIONER (BY SRI. D VIJAYA KUMAR, ADVOCATE) AND: 1. SRI HULIYAPPA S/O. RANGEGOWDA, AGED ABOUT 11 YEARS, CENTERING WORK AND AGRICULTURIST R/AT. KURICHIKKANAHALLI VILLAGE, HIREGOUJA PLOST, LAKYA HOBLI, CHIKMAGALUR TALUK-577168. 2. SRI. MALLIKARJUNA OJUGANAVAR S/O. SHIVANAND, AGED ABOUT 25 YEARS, DRIVER AND OWNER OF EICHER GOODS LORRY BEARING REG. NO.KA-29-C-2378, R/AT. NEELAGUNDA VILLAGE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2576 WP No. 671/2026 BADAMI TALUK, BAGALAKOTE DISTRICT-587201. 3. SRI. SUNIL B.G. S/O GAVISHETTY AGED ABOUT 31 YEARS, R/AT. BILEKALLAHALLI VILLAGE, UDDEBORANAHALLI POST, LAKYA HOBLI, CHIKMAGALUR TALUK, OWNER OF MOTOR CYCLE BEARING REG. NO.KA-18-EH-6290. 4. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., PANDURANGA COMPLEX, ANDECHATRA ROAD, CHIKMAGALUR-577101. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-G COMMON ORDER DATED.08.10.2025 PASSED IN MVC NO.403/2024, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC (M.A.C.T.) AT CHIKKAMAGALURU, ON IA NO. I FILED BY THE CLAIMANT FOR CONDONATION OF DELAY OF 29 DAYS IN FILING THE CLAIM PETITION AND DISMISSING IA NO.III FIELD BY THE INSURANCE COMPANY FILED UNDER SEC. 166(3) OF AMENDED M.V. ACT. AND TO ALLOW THE IA NO.III, AND TO DISMISS THE CLAIM PETITION ON THE GROUND OF THE PETITION IS BARRED U/SEC. 166(3) OF AMENDED M.V. ACT. - 3 - HC-KAR NC: 2026:KHC:2576 WP No. 671/2026 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.403/2024 on the file of the II Additional Senior Civil Judge & JMFC, Chikkamagaluru [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 VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 and 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 common impugned order dated 08.10.2025 has - 4 - HC-KAR NC: 2026:KHC:2576 WP No. 671/2026 allowed the application filed by the claimants 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. 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 - 5 - HC-KAR NC: 2026:KHC:2576 WP No. 671/2026 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.: 22