- 1 - HC-KAR NC: 2026:KHC:5425 WP No. 31425 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 31425 OF 2024 (GM-AC) BETWEEN: ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., HAVING ITS OFFICE AT ONE INDIA BULLS CENTRE, TOWER 1, 1ST FLOOR, JAIPUR MILL COMPOUND, SENAPATHI BAPAT MARGH, ELIPHINSTORE ROAD, MUMBAI-400013 HAVING ITS BRANCH OFFICE AT 2ND FLOOR, SVR COMPLEX, HOSUR MAIN ROAD, BANGALORE - 560 068 NOW REP. BY ITS MANAGER, VARSHA NAIR ICICI LOMBARD GENERAL INSURANCE CO. LTD., SJR TOWERS, 4TH FLOOR, 27, BANNERGHATTA ROAD, 3RD PHASE, J.P.NAGAR, BENGALURU - 560 078 COMPANY IS REGISTERED UNDER COMPANIES ACT, 1956 …PETITIONER (BY SRI.A N KRISHNA SWAMY., ADVOCATE) AND: 1. CHIDANANDA S/O KARIYAPPA AGED ABOUT 38 YEARS R/O HONNENAHALLI VILLAGE, KASABA HOBLI, TIPTUR TQ., Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5425 WP No. 31425 of 2024 TUMKUR DISTRICT - 572 128 2. GIRISH H.R. S/O RADHA AGED ABOUT 38 YEARS R/O NO.511, 19TH CROSS, AMMA ASHRAMA ROAD, NAGADEVANAHALLI, BANGALORE - 560 056 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE ORDERS AS PER ANNEXURE - D DATED 30.05.2024 PASSED BY SENIOR CIVIL JUDGE AND JMFC, TIPTUR IN MVC NO.1199/2022. II. ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNEXURE -B AND HOLD THAT CLAIM PETITION AS PER ANNEXURE -A IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5425 WP No. 31425 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.1199/2022 on the file of the Senior Civil Judge and JMFC, Tiptur [for short, 'the Tribunal']. If the claimant has 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 30.05.2024, has allowed the application filed by the claimant rejecting the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:5425 WP No. 31425 of 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:5425 WP No. 31425 of 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 SA List No.: 1 Sl No.: 0