- 1 - HC-KAR NC: 2026:KHC:1308 WP No. 11904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11904 OF 2025 (GM-AC) BETWEEN: THE BRANCH MANAGER THE NEW INDIA INSURANCE CO. LITD. BRANCH OFFICE, VIJAYASHREE BUILDING, B.D. ROAD, KCHITRADURGA REPRESENTED BY THE REGIONAL MANAGER, THE NEW INDIA INSURANCE CO. LTD., REGIONAL OFFICE, THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, II FLOOR, M.G. ROAD, BENGALURU-560001 …PETITIONER (BY SMT. MANJULA NEMICHANDRA TEJASWI, ADVOCATE) AND: 1. SRINIVAS D AGED ABOUT 36 YEARS, R.C. OWNER OF TATA LGV BEARING NO. KA-16-C-5754, R4/0 MATADAKURUBARAHATTI, TALUK AND DISTRICT CHITRADURGA-577501 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1308 WP No. 11904 of 2025 2. CHINNAPPA A S/O ANTHONY, R.C. OWNER OF LORRY BEARING NO. TN-55-BS-4317, R/O NO. 184, ARASADIPATTI,M, KUMMANKULAM POST, ALANGUDI TALUK, PUDUKKOTTAI VIDUTHI, TAMILNADU 622301 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN MVC 537/2023 PENDING BEFORE THE LEARNED 1ST ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHITRADURGA, AND ISSUE A WRIT OF CERTIORARI, SETTING SIDE THE ORDER PASSED BY LEARNED 1 ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHITRADURGA PASSED ON I.A.I IN MVC 537/2023 VIDE ORDER DATED 28/5/2024, PRODUCED AS ANNEXURE-D AND ALLOW THE WRIT PETITION FILED BY THE PETITIONER INSURANCE CO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1308 WP No. 11904 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is by an Insurer, and the Insurer is aggrieved by the order dated 28.05.2024 in M.V.C.No.537/2023 on the file of the I Additional Senior Civil Judge and JMFC, Chitradurga [for short, 'the Tribunal']. The Tribunal, by the impugned order, has rejected its application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 and Section 166 of the Motor Vehicles Act, 1988 [for short, 'the MV Act']. The petitioner has filed this application essentially in the premise that the claim petition for compensation under Section 166 of the MV Act is barred by law because it is filed beyond six months from the date of the accident. The Tribunal has rejected this application referring to the orders of this Court in W.P.No.201961/2023. Ms. Manjula N. Tejaswi, the learned counsel for the petitioner, is heard, and the learned counsel does - 4 - HC-KAR NC: 2026:KHC:1308 WP No. 11904 of 2025 not dispute that the question whether a claim petition under Section 166 of the MV Act filed beyond six months from the date of the accident is pending before the Apex Court in WP [Civil] No.166/2024 and connected matters and that the Apex Court has granted interim order on 16.12.2025 stipulating that the proceedings could continue wherever application is filed beyond six months but there should not be any judgment. If the Tribunal, which has reserved its judgment on the claim petition so filed were to pronounce its judgment as scheduled today [i.e., 09.01.2026], there would be a closure contrary to the afore directions and would only result in multiplicity of proceedings. Therefore, this Court must intervene to dispose of the petition calling upon the Tribunal to defer pronouncement of judgment in the claim petition until there are specific directions by the Apex Court, - 5 - HC-KAR NC: 2026:KHC:1308 WP No. 11904 of 2025 or there is a disposal of the question pending before it. At the stage, Ms. Manjula N. Tejaswi also submits that given the fact that the Tribunal has reserved the claimed petition for judgment, this Court may pass just orders enabling her/her counterpart to place on record the outcome in this petition. In the light of the afore, the following: ORDER The petition is allowed in part calling upon the Tribunal to defer pronouncement of judgment in the claim petition in M.V.C.No.537/2023 pending before the I Additional Senior Civil Judge and MACT, Chitradurga, and keep the petition pending until the disposal of the writ petition in W.P.No.[Civil] No.166/2024 and other matters by the Apex Court or orders otherwise by the Apex Court. - 6 - HC-KAR NC: 2026:KHC:1308 WP No. 11904 of 2025 The office is directed to upload the operative portion of this order at the earliest. SD/- (B M SHYAM PRASAD) JUDGE RB