- 1 - HC-KAR NC: 2026:KHC:4795 WP No. 28231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28231 OF 2025 (GM-AC) BETWEEN: THE AUTHORISED CLAIM MANAGER, SBI GENERAL INSURANCE CO, LTD., 9TH FLOOR, A AND B WING, FULCRUM BUILDING SAHAR ROAD, ANDHERI EAST, MUMBAI-400099 LOCAL OFFICE NO. 104 AND 105, 1ST FLOOR, INLAND ORNATE, OPP OCEAN PEARL, NAVABHARATH CIRCLE, MANGALORE-575 003 NOW REP. BY SBI GENERAL INSURANCE CO. LTD., 1ST FLOOR, RUKMINI TOWERS, PLATFORM ROAD, NEAR MANTRI MALL, SHESHADRIPURAM, BENGALURU-560020 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4795 WP No. 28231 of 2025 REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. SMT. GEETHA JAYARAM ALIAS GEETHA, S/O. JAYARAM KUMAR KADRI, AGED ABOUT 61 YEARS R/AT D. NO. 8-6/1, SHREE MOKAMBIKA NILAYA, KANADKA, MANGALURU - 574 142. 2. MOHAMMAD JAID SHARIF, S/O. BASHEER AHMED, AGED ABOUT 22 YEARS. R/AT. MAK GRAND APARTMENT, BEHIND COLACO HOSPITAL, BENDURWELL, MANGALURU - 575002. 3. ABBUBAKKAR HAJI, S/O. ISMAIL BYARI, MAJOR, R/AT SHIFNAN MAHAL KOLPE KONALU, PUTTUR TALUK - 574 201. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:4795 WP No. 28231 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-D DATED 28-02- 2025 PASSED BY THE COURT OF THE 1ST ADDL. DISTRICT JUDGE AND MACT-II, D.K. MANGALURU ON APPLICATION FILED ORDER 7 RULE 11 OF CPC READ WITH SECTION 166 (3) (AMENDMENT ACT 2019) AS PER ANNEXURE-B DATED 28-02-2025 IN MVC NO. 135/2023. 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 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.135/2023 on the file of the I Additional District Judge and MACT-II, Dakshina Kannada, Mangaluru [for short, 'the Tribunal']. If the claimant has filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay - 4 - HC-KAR NC: 2026:KHC:4795 WP No. 28231 of 2025 in filing the claim petition, the petitioner has filed an application under Order VII Rule 11[d] read with Section 151 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 28.02.2025, has allowed the application filed by the claimant rejecting the application filed by the petitioner. 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 - 5 - HC-KAR NC: 2026:KHC:4795 WP No. 28231 of 2025 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. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-