- 1 - HC-KAR NC: 2026:KHC:2553 WP No. 29632 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. 29632 OF 2025 (GM-AC) BETWEEN: M/S TATA AIG, GENERAL INSURANCE CO. LTD NO. 69, 3RD FLOOR JP DEVI AND JAMBUKESHWARA ARCADE MILLERS ROAD BANGALORE-560 052 REPRESENTED BY ITS MANAGER. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. MAQSOOD ALI KHAN S/O. SAIF ULLA KHAN, AGED ABOUT 57 YEARS. R/AT BYLANARASAPURA, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE-562122. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2553 WP No. 29632 of 2025 2. MANI. P, PROP. MANI DUM BIRYANI, WARD NO. 22, VARADAPURA, HOSKOTE TALUK, BANGALORE - 562114. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A. QUASH THE ORDERS DATED 18-08-2025 PASSED BY THE HON'BLE V ADDL. SENIOR CIVIL JUDGE AND XXIV ACJM, BENGALURU IN MV.C. NO. 5664/2024 AT ANNEXURE - A; B. DIRECTIONS TO REJECT THE APPLICATION FILED BY THE 1ST RESPONDENT UNDER SECTION 5 OF THE LIMITATION ACT AT ANNEXURE C IN M.V.C. NO. 5664/2024 ON THE FILE OF THE HON'BLE V ADDL. SENIOR CIVIL JUDGE AND XXIV ACJM, BENGALURU AND HOLD THAT THE CLAIM PETITION 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 - 3 - HC-KAR NC: 2026:KHC:2553 WP No. 29632 of 2025 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.5664/2024 on the file of the V Additional Senior Civil Judge and XXIV ACJM, Bengaluru [for short, 'the Tribunal']. 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 Tribunal, by the impugned order dated 18.08.2025, has allowed the application filed by the claimant. 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 - 4 - HC-KAR NC: 2026:KHC:2553 WP No. 29632 of 2025 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:2553 WP No. 29632 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA