- 1 - HC-KAR NC: 2026:KHC:5425 WP No. 31773 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. 31773 OF 2024 (GM-AC) BETWEEN: IFFCO TOKIO GIC LTD., SERVING OFFICE AT KSCMF BUILDING, NO.8, 3RD FLOOR, 3RD BLOCK, CUNNINGHAM ROAD, BANGALORE -60 052 NOW REP. BY IFFCO TOKIO GIC LTD., CUSTOMER SERVICE CENTER SRI SHANTHI TOWERS 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR BANGALORE 560043, REP. BY ITS LEGAL MANAGER, COMPANY IS REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI.PRADEEP B., ADVOCATE) AND: 1. KALLAPPA S/O LATE SARANAPPA AGED ABOUT 43 YEARS R/AT NO.13, 3RD CROSS NEAR VINAYAKA TEMPLE, NARAYANAPPA LAYOUT HENNUR CROSS, KALYANAGAR POST BENGALURU - 560 043 2. SMT.SANGEETHA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5425 WP No. 31773 of 2024 D/O LATE SARANAPPA AGED ABOUT 40 YEARS 3. MALLIKARJUNA S/O LATE SARANAPPA AGED ABOUT 35 YEARS 4. SMT.SHILPA D/OF LATE SARANAPPA AGED ABOUT 33 YEARS ALL ARE R/AT MARKAL VILLAGE AND POST, BIDAR TALUK DISTRICT & DISTRICT - 585 402 5. M/S REINVENT CONMIX SY NO.150, BYYAPPANAHALLI VILLAGE BIDARAHALLI HOBLI, VIRGONAGAR POST BENGALURU NORTH, BENGALURU - 560 049 …RESPONDENTS (BY SRI.KANTHARAJA V, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE ORDER AS PER ANNX-D DATED 19.08.2024 PASSED BY THE COURT OF THE XIII ADDL. SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES AND MEMBER, MACT-15 BENGALURU ON IA FILED UNDER SECTION 5 OF LIMITATION ACT IN MVC NO. 339/2024. - 3 - HC-KAR NC: 2026:KHC:5425 WP No. 31773 of 2024 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.339/2024 on the file of the XIII Additional Small Causes Judge and ACJM, Court of Small Causes and Member, MACT-1, 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 19.08.2024, 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 - 4 - HC-KAR NC: 2026:KHC:5425 WP No. 31773 of 2024 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 pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise - 5 - HC-KAR NC: 2026:KHC:5425 WP No. 31773 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 SA List No.: 1 Sl No.: 0