- 1 - HC-KAR NC: 2026:KHC:2835 WP No. 899 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. 899 OF 2026 (GM-AC) BETWEEN: THE NEW INDIA ASSURANCE COMPANY LTD, UDUPI, (TIE UP WITH MARUTHI SUZUKI INSURANCE BROKING PRIVATE LIMITED) NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI-110 070. NOW REP BY, LEGAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD, MOTOR TP HUB, 9/2,2ND FLOOR, MAHALAKSHMI CHAMBERS, MG ROAD, BANGALORE-560001 REPRESENTED BY ITS MANAGER, COMPANY 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:2835 WP No. 899 of 2026 AND: 1. NIMISH S MOOLYA S/O. SATHISH, AGED ABOUT 13 YEARS SINCE 1ST RESPONDENT IS MINOR WILL BE REP BY HIS FATHER AND N/G. I.E., SATHISH, S/O. RAJU MOOLYA, R/AT SADAKARNA NIVAS, HOLEBHI, VANJARAKATTE POST, KANTHAVARA VILLAGE, KARKALA TALUK, UDUPI DISTRICT. 2. JAYARAM SALIAN, S/O. KITTA POOJARY, MAJOR, R/AT. GURUKRUPA HOUSE, VANJARAKATTE, BOLA POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT. 3. VISHAL JAYARAM SALIAN, S/O. JAYARAM SALIAN, MAJOR, R/AT. GURUKRUPA HOUSE, VANJARAKATTE, BOLA POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:2835 WP No. 899 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDERS ON IA NO.I DATED 18-11-2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND AMACT, KARKALA, IN M.V.C. NO.423/2025 AT ANNEXURE - A; B. ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO REJECT THE APPLICATION FILED BY THE 1ST RESPONDENT UNDER SECTION 5 OF THE LIMITATION ACT AT ANNEXURE -C IN M.V.C. NO. 423/2025 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 ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:2835 WP No. 899 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.423/2025 on the file of the Senior Civil Judge and AMACT, Karkala [for short, 'the Tribunal']. 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 Tribunal, by the impugned order dated 18.11.2025 has allowed the application filed by the claimant. 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 - 5 - HC-KAR NC: 2026:KHC:2835 WP No. 899 of 2026 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. - 6 - HC-KAR NC: 2026:KHC:2835 WP No. 899 of 2026 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-