- 1 - HC-KAR NC: 2026:KHC:4563 WP No. 28993 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28993 OF 2024 (GM-AC) BETWEEN: M/S SHRIRAM GENERAL INSURANCE COMPANY LTD NO.5/4, 3RD FLOOR, S.V.R. ARCADE, BINALAKALLI MAIN ROAD, IIMB POST, BANGALORE-560 076, REPRESENTED BY ITS MANAGER LEGAL. …PETITIONER (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. VASANTHAKUMAR @ VASANTH S/O. DANAIAH, AGED ABOUT 52 YEARS, R/AT KATIKERE CAMP, BUKLAPURA, SHETIHALLI POST, SHIVAMOGGA TALUK. 2. RAJANNA. D. C. S/O. CHIKKAKARDARAIAH, AGED ABOUT 52 YEARS, R/O. NO. 57, RANGANATHA BADAVANE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4563 WP No. 28993 of 2024 GOPAL EXTENSIONS, SHIVAMOGGA. 3. SAMEER AHMED S/O. AMMER AHAMED, AGED ABOUT 29 YEARS, R/AT SHARADHANAGARA, NEAR PEPER FACTORY, OLD MANDALLI, SHIVAMOGGA. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-D DTD. 05.09.2024 PASSED BY THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA FILED UNDER ORDER 7 RULE 11(D) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF IMV ACT IN MVC NO.791/2022 WHICH IS NUMBERED AS IA NO. III/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4563 WP No. 28993 of 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.791/2022 on the file of the I Additional Senior Civil Judge and CJM, Shivamogga [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] r/w. Section 151 of the Code of Civil Procedure, 1908 contending that the claim petition cannot be entertained because it is filed beyond six months from the date of accident. The Tribunal, by the impugned order dated 05.09.2024, has rejected the petitioner’s application. The question: whether a claim petition filed beyond six months from the date of the accident can be entertained is pending with the Apex Court in SLP - 4 - HC-KAR NC: 2026:KHC:4563 WP No. 28993 of 2024 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 pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise - 5 - HC-KAR NC: 2026:KHC:4563 WP No. 28993 of 2024 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 BK