- 1 - HC-KAR NC: 2026:KHC:12 WP No. 25989 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25989 OF 2025 (GM-AC) BETWEEN: IFFCO TOKIO GENERAL INSURANCE CO LTD NO.36, CROWN POINT BUILDING, LAVELLE ROAD, BENGALURU-560001. NOW REP BY THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., TP HUB, SRI. SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE 560 043. REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. KRISHNACHAR R S/O. LATE RUDRACHARI, AGED ABOUT 63 YEARS. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12 WP No. 25989 of 2025 2. SMT. YASHODHA, W/O. KRISHNACHARI. R., AGED ABOUT 59 YEARS. 3. SMT. SHWETHA. K., D/O. KRISHNACHARI. R., AGED ABOUT 36 YEARS. ALL ARE R/AT PIPE LINE ROAD, NEAR ANJANEYA TEMPLE, CHENNENAHALLI, MAGADI MAIN ROAD, BANGALORE-560 130. 4. AKSHARA KUMAR, S/O. MUNIYAPPA, AGED ABOUT 40 YEARS. NO. 4, CHANNAPPANAPALYA VILLAGE, CHIKKANAHALLI POST, THAVAREKERE HOBLI, BANGALORE SOUTH TALUK.-560001. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE ORDERS DATED 19-07-2025 PASSED BY THE COURT OF THE XIV ASCJ, MACT AND ACJM, BENGALURU (SCCH-10), IN MVC NO. 5126/24 AT ANNX-A; II. DIRECTIONS TO REJECT THE APPLICATION FILED BY THE PETITIONER IN - 3 - HC-KAR NC: 2026:KHC:12 WP No. 25989 of 2025 I.A. UNDER SECTION 5 OF LIMITATION ACT AT ANNEXURE-B PASSED BY THE COURT OF THE XIV ASCJ, MACT AND ACJM, BENGALURU (SCCH-10) IN MVC NO. 5126/2024 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 ORAL ORDER This petition is by an Insurer calling in question the Order dated 19.07.2025 in MVC No. 5126/2024, on the file of the Additional Small Causes Judge, ACJM and Member, Motor Accident Claims Tribunal, Bengaluru [for short, 'the Tribunal']. The Tribunal, by this impugned order, has allowed the application filed by the respondents-claimants under Section 5 of the Limitation Act, 1963 [for short, 'the Act'] condoning the delay of 25 days in filing the claim petition under the Motor Vehicles Act, 1988. Sri B Pradeep, the learned counsel for the petitioner, is heard in the - 4 - HC-KAR NC: 2026:KHC:12 WP No. 25989 of 2025 light of the interim orders granted by the Apex Court in the writ petition in WP [Civil] No. 166/2024 and connected matters. It remains undisputed that the Apex Court, by its interim orders dated 16.12.2025, has observed that 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 the judgments shall not be finalized, and the Apex Court's order is in the light of the question whether the Tribunals could condone delay under Section 5 of the Act and entertain the claim petitions. This Court is of the concerned view that with the afore stipulation, this petition must be disposed of observing that the Tribunal's impugned order would be subject to the final outcome in the pending matters before the Apex Court, and this Court must next observe that the Tribunal must proceed with the - 5 - HC-KAR NC: 2026:KHC:12 WP No. 25989 of 2025 adjudication of the claim petition but without passing Judgment. As such, the petition stands disposed of in the afore terms. Sd/- (B M SHYAM PRASAD) JUDGE AN/-