- 1 - HC-KAR NC: 2026:KHC:2557 WP No. 32356 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. 32356 OF 2025 (GM-AC) BETWEEN: THE MANAGER IFFCO TOKIO GIC LTD TP HUB, SRI. SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE 560 043. REPRESENTED BY ITS MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. B. PRADEEP.,ADVOCATE) AND: 1. SHARATH KUMAR JOGI S/O RAJASHEKAR JOGI, AGED ABOUT 29 YEARS. R/O. HEMAMDI, KUNDAPURA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2557 WP No. 32356 of 2025 SANTOSH NAGARA, UDUPI-576230. 2. SHRINIVAS RAO, S/O. LATE VENKATA KRISHNAYYA, MAJOR, R/AT MRUGHAVADHE, SHEDGARU, THIRTHAHALLI, SHIMOGA-577401. 3. MR. VIJAYA, S/O KRISHNA, MAJOR, R/AT SANTOSH NAGARA, 3/171/A2, HEMMADI, KUNDAPURA TALUK, UDUPI DISTRICT-576230. 4. NATIONAL INSURANCE CO, LTD., 2ND FLOOR, SHUBHARAM COMPLEX, M.G.ROAD, BENGALURU-560001 REP. BY ITS MANAGER, COMPANY REGISTERED UNDER COMPANIES ACT 1956. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDERS ON IA NO. III AND 1 DATED 17-01-2025 - 3 - HC-KAR NC: 2026:KHC:2557 WP No. 32356 of 2025 PASSED BY THE COURT OF SMALL CAUSES, IX ASCJ AND ACJM, BENGALURU, IN M.V.C. NO. 2643/2024 AT ANNEXURE - D; B. ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 166 (3) OF MV (AMENDMENT) ACT - 2019, R/W 151 OF CPC, AT ANNEXURE -C IN M.V.C. NO. 2643/2024 ON THE FILE OF THE COURT OF SMALL CAUSES, IX ASCJ AND 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 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.2643/2024 on the file of the IX Additional Senior Civil Judge and ACJM, Bengaluru [for short, 'the Tribunal']. If the claimant has filed an application under Section 5 of the - 4 - HC-KAR NC: 2026:KHC:2557 WP No. 32356 of 2025 Limitation Act, 1963 for condonation of the delay in filing the claim petition, the petitioner has filed an application under Section 166[3] of the Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by the common impugned order dated 17.01.2025, has allowed the application filed by the claimants 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 - 5 - HC-KAR NC: 2026:KHC:2557 WP No. 32356 of 2025 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. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr