- 1 - HC-KAR NC: 2026:KHC:6601 WP No.10960/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.10960/2024 (GM-AC) BETWEEN: THE MANAGER M/S FUTURE GENERALI INDIA GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, NO.470, A MAIN, 1ST STAGE, INDIRANAGARA, NOW REP. BY ITS THE MANAGER LEGAL M/S FUTURE GENERALI INDIA GENERAL INSURANCE CO. LTD., BRIGADE MLR CENTER, MUNICIPAL NO.20(OLD), NEW NO.50, VANI VILAS ROAD, BASAVANAGUDI, BENGALURU - 560 004 …PETITIONER (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) ND: 1. SMT.GOWRAMMA W/O LATE RAJANNA @ PATALLAPPA, AGED ABOUT 43 YEARS 2. MAHENDRA S/O LATE RAJANNA @ PATALLAPPA, AGED ABOUT 28 YEARS 3. GAJENDRA S/O LATE RAJANNA @ PATALLAPPA, AGED ABOUT 25 YEARS 4. SMT VENUGOPA S/O LATE RAJANNA @ PATALLAPPA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6601 WP No.10960/2024 AGED ABOUT 24 YEARS 5. SMT PUTTAMMA W/O LATE PATALLAPPA AGED ABOUT 65 YEARS ALL ARE R/O LINGANAHALLI VILLAGE, HESARAGHATTA HOBLI, YALAHANKA TALUK, BENGALURU - 560089 6. RAKSHITH BABU S/O BASAVARAJU, MAJOR, KONAGHATTA VILLAGE AND POST, DODDABALLAPURA TALUK, BENGALURU RURAL, KARNATAKA - 561203 …RESPONDENTS (BY SRI. THANGARAJAN J., ADVOCATE FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER AS PER ANNX-C DATED 17.01.2024 PASSED BY THE COURT OF XVIII DISTRICT JUDGE AND CHIEF JUDGE COURT OF SMALL CAUSES AND ACMM AND MACT AT BENGALURU ON IA NO.III FILED UNDER ORDER VII RULE 11(D) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT IN MVC NO.3542/2023; B) ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNX-B AND HELD THAT THE CLAIM PETITION AS PER ANNX-A IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6601 WP No.10960/2024 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.3542/2023 on the file of the XVIII Additional Judge, Court of Small Causes and ACMM, Bengaluru [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] of the Code of Civil Procedure, 1908 read with Section 166[3] of the Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by the common impugned order dated 17.01.2024, has allowed the application filed by the claimants rejecting the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:6601 WP No.10960/2024 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 inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from - 5 - HC-KAR NC: 2026:KHC:6601 WP No.10960/2024 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 NV List No.: 1 Sl No.: 24