- 1 - HC-KAR NC: 2026:KHC:2554 WP No. 29726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29726 OF 2025 (GM-AC) BETWEEN: IFFCO TOKIO GENERAL INSURANCE CO. LTD., COMPANY IS REGISTERED UNDER COMPANIES ACT 1956. SHANKAR MATT ROAD, SHIVAMOGGA, THROUGH ITS REGIONAL OFFICE, CUSTOMER SERVICE CENTER, SRI. SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE 560 043 REPRESENTED BY ITS LEGAL MANAGER. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. SRI S V JEETHESH PAWAR AGED ABOUT 27 YEARS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2554 WP No. 29726 of 2025 S/O M VENKATESH RAO RESIDING AT ASHREAYA EXTENSION, BOMMANAKATTE. S/O M. VENKATESH RAO, SHIVAMOGGA. 2. SRI. SHIVAKUMAR. H., AGED ABOUT 43 YEARS, S/O PARAMESHWARAPPA, PDO, KOTE GANGAGUR GRAMA PANCHAYATH, SHIVAMOGGA TALUK, R/O GOGGA VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21-04-2025 PASSED BY THE HONBLE I ADDITIONAL SENIOR CIVIL JUDGEAND CIM. SHIVAMOGGA IN MVC. NO 751/2024 AT ANNEXURE E AND F ON APPLICATION UNDER SECTION 5 OF LIMITATION ACT SE ANNEXURE-B AND APPLICATION UNDER ORDER 7 RULE 11. (D) READ WITH SECTION 151 OF CPC AT ANNEXURE-C B) ALLOW THE APPLICATION AT ANNEXURE C AND HOLD THAT THE CLAIM PETITION MVC NO.751/2024 AT ANNEXURE-A - 3 - HC-KAR NC: 2026:KHC:2554 WP No. 29726 of 2025 FILED BY THE RESPONDENT NO.1 BARRED BY TIME AND 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 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.751/2024 on the file of the I Additional Senior Civil Judge and CJM, Shivamogga [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] read with Section 151 of the Code of Civil Procedure, 1908 and read with Section 166(3) of the Act contending that the petition because it is filed beyond six months from the date of accident - 4 - HC-KAR NC: 2026:KHC:2554 WP No. 29726 of 2025 is not maintainable. The Tribunal, by the separate impugned order dated 21.04.2025 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 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 - 5 - HC-KAR NC: 2026:KHC:2554 WP No. 29726 of 2025 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 SA