- 1 - HC-KAR NC: 2026:KHC:2581 WP No. 732/2026 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.732/2026 (GM-AC) BETWEEN: HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 2ND FLOOR, MYSORE TRADE CENTER, OPP. KSRTC BUS STAND, B.M. 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 - 560 025 …PETITIONER (BY SRI. D VIJAYA KUMAR, ADVOCATE) AND: 1. SRI RAMACHANDRAIAH S/O. SANNAKALAIAH, AGED ABOUT 62 YEARS, R/AT. HYRIGE VILLAGE, HANAGODU HOBLI, HUNSUR TALUK, MYSORE DISTRICT-571106. 2. SRI. PAVAN N.R. S/O. RAVI N. AGED ABOUT 24 YEARS, R/AT. NAGAMANGALA VILLAGE, HUNSUR TALUK, MYSORE DISTRICT-571105. (RIDER OF THE HONDA MOTOR CYCLE SHAINE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2581 WP No. 732/2026 125 DRUM BEARING REG. NO.KA-45-ED-2832). 3. SRI. SURESH, S/O. CHANDREGOWDA, AGED ABOUT 35 YEARS, R/AT. NAGAMANGALA VILLAGE, HUNSUR TALUK, MYSORE DISTRICT-571105. (OWNER OF THE HONDA MOTOR CYCLE SHAINE 125 DRUM BEARING REG.NO.KA-45-ED-2832). …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- F, DATED 11.08.2025 PASSED IN MVC NO.2298/2023, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT HUNSUR, ALLOWED THE IA NO.3 FILED BY THE CLAIMANT FOR CONDONATION OF DELAY OF 27 (212) DAYS IN FILING THE CLAIM PETITION AND DISMISSING IA NO.4 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.4 AND DISMISS THE CLAIM PETITION ON THE GROUND OF THE PETITION IS BARRED U/SEC. 166(3) OF AMENDED M.V. ACT: II. PASS SUCH OTHER WRIT OR ORDER AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC:2581 WP No. 732/2026 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.2298/2023 on the file of the Prl. Senior Civil Judge and JMFC, Hunsur [for short, 'the Tribunal']. If the claimant has 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 11.08.2025 has allowed the - 4 - HC-KAR NC: 2026:KHC:2581 WP No. 732/2026 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. 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 - 5 - HC-KAR NC: 2026:KHC:2581 WP No. 732/2026 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.: 27