- 1 - HC-KAR NC: 2026:KHC:2823 WP No. 925 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. 925 OF 2026 (GM-AC) BETWEEN: THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., VARANASHI TOWERS, MISSION STREET, BUNDER, MANGALORE, SOUTH CANARA. NOW REP BY THE SHRIRAM GENERAL INSURANCE COMPANY. LTD., NO.5/14, 3RD FLOOR, SV ARCADE, BILIKALLALLI MAIN ROAD, IIMB POST, BENGALURU - 560076. REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2823 WP No. 925 of 2026 AND: 1. SMT SANDHYA DEVADIGA W/O. JAYAKARA, AGED ABOUT 40 YEARS, R/AT MUDUMANE, NINJOORU VILLAGE, KARKALA TALUK, UDUPI DISTRICT. 2. SHANKARAPPA MADAR S/O. SHEKAPPA, MAJOR, R/AT. BOMMAREDDY KOPPA HEBBELLI POST, BADAM TALUK, BAGALKOT. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO BE PLEASED TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT BY THE COURT OF SENIOR CIVIL JUDGE AND AMACT, KARKALA IN M.V.C. NO.819/2023 AT ANNEXURE -A OR DIRECTION TO QUASH THE ORDERS ON IA NO. I DATED 02-12-2025 PASSED 819/2023 AT ANNEXURE - A.B. BE PLEASED TO ISSUE A WRIT - 3 - HC-KAR NC: 2026:KHC:2823 WP No. 925 of 2026 OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO ALLOW THE APPLICATION NO. I FILED BY THE PETITIONER UNDER ORDER VII RULE 11 R/W SECTION 151 OF CPC AS ANNEXURE-C IN M.V.C. NO. 819/2023 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND AMACT, KARKALA AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.819/2023 on the file of the Senior Civil Judge and AMACT, Karkala [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 read with Section 166[3] of the Act contending that the petition because - 4 - HC-KAR NC: 2026:KHC:2823 WP No. 925 of 2026 it is filed beyond six months from the date of accident is not maintainable. The Tribunal, by the impugned order dated 02.12.2025 has rejected the application filed by the petitioner. 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 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 - 5 - HC-KAR NC: 2026:KHC:2823 WP No. 925 of 2026 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 AN/-