- 1 - HC-KAR NC: 2026:KHC:5425 WP No. 30558 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. 30558 OF 2024 (GM-AC) BETWEEN: SHRIRAM GIC LTD NO.5/14, 3RD FLOOR, SV ARCADE, BILIKALLALLI MAIN ROAD, IIMB POST, BENGALURU 560076. REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. PRADEEP B.,ADVOCATE) AND: 1. G B SHIVANANDA @SHIVANANDAPPA, S/O. G.S. BASAVARAJAPPA, AGED ABOUT 63 YEARS. R/O. MARAMMANA ROAD, INFRONT OF HIGH SCHOOL, GAJANURU VILLAGE, SHIVAMOGGA TALUK. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5425 WP No. 30558 of 2024 2. SHIVASHANKARAIAH S/O. SHIVAMURTHAIAH, AGED ABOUT 41 YEARS. R/O. VINAYAKA ROAD, 1ST CROSS, GAJANURU VILLAGE, SHIVAMOGGA TALUK AND DISTRICT. …RESPONDENTS (R1 AND R2 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-D DATED 03.08.2024 PASSED BY THE COUR OF THE I ADDL SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA ON IA FILED UNDER ORDER 7 RULE 11 OF CPC R/Witness SECTION 166(3) (AMENDMENT ACT 2019) IN MVC NO. 352/2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:5425 WP No. 30558 of 2024 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.352/2023 on the file of the I Additional Senior Civil Judge and C.J.M., 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 03.08.2024, 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 Nos.8412-8413/2023 and similar matters in the writ - 4 - HC-KAR NC: 2026:KHC:5425 WP No. 30558 of 2024 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 will be subject to the Apex Court’s decision on the afore question. - 5 - HC-KAR NC: 2026:KHC:5425 WP No. 30558 of 2024 The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE SA