- 1 - HC-KAR NC: 2026:KHC:2559 WP No.33039/2025 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.33039/2025 (GM-AC) BETWEEN: THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., OFFICE ADDRESS AT NO.85/2, 1ST FLOOR, A.M.S COMPLEX, OPP. TO NANDHI PETROL BUNK, P.B.ROAD, DAVANAGERE. NOW REP. BY ITS MANAGER LEGAL, SHRIRAM GENERAL INSURANCE COMPANY LTD. NO. 5/4, 3RD FLOOR, S.V.R ARCADE, BINALAKALLI MAIN ROAD, BILEKAHALLI OF B.G.ROAD, IIMB POST, BANGALORE-76. (COMPANY REGISTERED UNDER COMPANY ACT 1956) …PETITIONER (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. SMT B NIRMALA W/O LATE BASAVARAJAPPA, U.B, AGED ABOUT 49 YEARS 2. SANTHOSHA.U.B S/O LATE BASAVARAJAPPA, U.B. AGED ABOUT 26 YEARS. 3. POOJA.U.B, D/O LATE BASAVARAJAPPA, U.B., AGED ABOUT 24 YEARS 4. MALLAMMA.U.B W/O LATE BASAPPA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2559 WP No.33039/2025 AGED ABOUT 62 YEARS. ALL ARE R/AT AGASANAKATTE VILLAGE, THUBEIGERE POST, DAVANAGERE TALUK AND DISTRICT. 5. SRI. SRINIVASA S/O MURTHAPPA, AGED ABOUT 26 YEARS, R/AT KURIKI VILLAGE, DAVANAGERE TALUK AND DISTRICT. 6. JEEVAN S/O THOGALERI GOUDARA BASAVARAJ, AGED ABOUT 24 YEARS, R/AT HANUMANAHALLI ROAD, WATER SUPPLY STATION, HIRETHOGALERI VILLAGE, DAVANAGERE TALUK AND DISTRICT. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 04.09.2024 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND VII MOTOR ACCIDENT CLAIMS TRIBUNAL AT DAVANAGERE IN MVC NO.452/2023 AT ANNEXURE-H ON THE APPLICATION FILED UNDER SECTION 5 OF THE LIMITATION ACT AT ANNEXURE-C.: B. ALLOW THE APPLICATION NO.IV FILED BY THE PETITIONER UNDER ORDER 7 RULE 11 (d) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166 (3) OF THE MOTOR VEHICLE ACT AS PER THE ANNEXURE-F IN MVC NO.452/2023 AND HOLD THAT THE CLAIM PETITION IN MVC NO.452/2023 AT - 3 - HC-KAR NC: 2026:KHC:2559 WP No.33039/2025 ANNEXURE-B FILED BY THE R1 IS BARRED BY TIME AND 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.452/2023 on the file of the III Addl. Sr. Civil Judge and JMFC, Davanagere [for short, 'the Tribunal']. If the claimants have filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition, the petitioner has filed an application under Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 and Section 166 (3) of the Act contending that the petition because it is filed beyond six months from the date of accident is not maintainable. The Tribunal, by the impugned order - 4 - HC-KAR NC: 2026:KHC:2559 WP No.33039/2025 dated 04.09.2024 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 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 - 5 - HC-KAR NC: 2026:KHC:2559 WP No.33039/2025 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 List No.: 3 Sl No.: 9