- 1 - HC-KAR NC: 2026:KHC:1427 WP No. 33060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 33060 OF 2025 (GM-AC) BETWEEN: THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED 4TH FLOOR, SRI. SHANTHI TOWERS, NO.141, 3RD MAIN ROAD, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE 560 043. REPRESENTED BY ITS CHIEF MANAGER COMPANY REGISTERED UNDER COMPANY ACT-1956 …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. SMT HEMALATHA R WO. GANGARAJU, AGED ABOUT 44 YEARS. MALLAPURA VILLAGE, R/AT VINAYAKA NAGARA KASABA HOBLI, NELAMANGALA TALUK. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1427 WP No. 33060 of 2025 BANGALORE RURAL DISTRICT-561204. 2. SMT. VEENA, WO.KUMARASWAMY, AGED ABOUT 41 YEARS, RAT YENNEGERE VILLAGE, SOLUR HOBLI, MAGADI TALUK. RAMANAGARA DISTRICT-562159. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO TO QUASH THE ORDERS DATED 06-06-2025 PASSED ON BY THE COURT OF XIV ASCJ AND ACJM SCCH-10, BANGALORE. IN M.V.C. NO. 6585/2024 AT ANNEXURE -A; DIRECT TO ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER VII RULE 11 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND SECTION 166 (3) OF THE MV ACT AT ANNEXURE - D & F IN M.V.C. NO. 6585/2024 ON THE FILE OF THE OF XIV ASCJ AND ACJM SCCH-10, BANGALORE 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:1427 WP No. 33060 of 2025 ORAL ORDER This petition is by an Insurer calling in question the Order dated 06.06.2025 in MVC No.6585/2024 on the file of the XIV ASCJ and ACJM, Bengaluru [for short, 'the Tribunal']. The Tribunal, by this impugned order, has allowed the application filed by the respondent - claimant under Section 5 of the Limitation Act, 1963 [for short, 'the Act'] condoning the delay in filing the claim petition under the Motor Vehicles Act, 1988. Mr. Pradeep B, the learned counsel for the petitioner, is heard in the light of the interim orders granted by the Apex Court 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 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 - 4 - HC-KAR NC: 2026:KHC:1427 WP No. 33060 of 2025 the stipulation that the judgments shall not be finalized, and the Apex Court's order is in the light of the question whether the Tribunals could condone delay under Section 5 of the Act and entertain the claim petitions. 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 would be subject to the final outcome in the pending matters before the Apex Court, and this Court must next observe that the Tribunal must proceed with the adjudication of the claim petition but without passing Judgment. As such, the petition stands disposed of in the afore terms. Sd/- (B M SHYAM PRASAD) JUDGE RB