- 1 - HC-KAR NC: 2026:KHC:4798 WP No. 35115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35115 OF 2025 (GM-AC) BETWEEN: THE MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED DOOR NO.7/432, K.B. EXTENSION, KUVEMPU ROAD, DAVANAGERE. NOW REP. BY THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. NO.141, SRI. SHANTHI TOWER, 5TH FLOOR, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE - 560 043. REPRESENTED BY ITS MANAGER, RAMYA K R COMPANY REGISTERED UNDER COMPANY ACT - 1956 …PETITIONER (BY SRI. B. PRADEEP., ADVOCATE) AND: 1. SMT. SHOBHAKKA, W/O. SHIVANNA, AGED ABOUT 52 YEARS, R/O. ANABUR VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT - 577 528 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4798 WP No. 35115 of 2025 2. SHAHIR. T.@ SAMEER, S/O. LATE BUDEN SAB, AGED ABOUT 52 YEARS. R/O. NIMBALAGERE VILLAGE, KUDLIGI TALUK, VIJAYANAGARA DISTRICT--583218 3. MALLIK SAB. H S/O. HUSSIAN SAB, AGED ABOUT 32 YEARS. R/O. MARIKATTE VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT. - 577 528 …RESPONDENTS THIS W P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS ON IA NO.III DATED 08-10-2025 PASSED BY THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE IN M.V.C.NO.650/2023 AT ANNEXURE - A.; B. DIRECTIONS TO REJECT THE APPLICATION FILED BY THE RESPONDENT NO.1 UNDER SECTION 5 OF LIMITATION ACT ON IA NO. 1 AT ANNEXURE -C IN M.V.C. NO. 650/2023 ON THE FILE OF THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4798 WP No. 35115 of 2025 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.650/2023 on the file of the I Additional Senior Civil Judge and JMFC, Davanagere [for short, 'the Tribunal']. If 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 petitioner has filed an application under Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 read with 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 08.10.2025, has allowed the application filed by the claimant rejecting the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:4798 WP No. 35115 of 2025 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 before the Apex Court. With this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from - 5 - HC-KAR NC: 2026:KHC:4798 WP No. 35115 of 2025 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 AN/- List No.: 3 Sl No.: 4