- 1 - HC-KAR NC: 2026:KHC:2567 WP No. 36034/2025 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.36034/2025 (GM-AC) BETWEEN: IFFCO TOKIO GIC LTD KSCMF BUILDING, 3RD BLOCK, CUNNINGHAM ROAD, BANGALORE. NOW REP. BY THE IFFCO TOKIO GIC LTD., CUSTOMER SERVICE CENTER, SRI. SHANTHI TOWERS, 5TH FLOOR, NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE - 560 043. REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. KUM.PRATHIBA D/O. KENCHAVEERAPPA, AGED ABOUT 29 YEARS. R/O. HANUMANAKATTE VILLAGE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2567 WP No. 36034/2025 HOLALKERE TALUK. 2. SRINIVASA, S/O. NAGENDRAPPA, AGED ABOUT 39 YEARS, R/O. BASAVAPURA (BIJJENAL) VILLAGE, HOLALKERE TALUK. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER AS PER ANNEXURE-D DATED 07-12-2023 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND AMACT., HOLALKERE BY REJECTING THE APPLICATION BEARING NO.1/2024 FILED UNDER ORDER 7 RULE 11 OF CPC READ WITH SECTION 166 (3) (AMENDMENT ACT 2019) AS PER ANNEXURE 'B' UNDER IN MVC NO. 49/2023: II. ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNEXURE-B AND HOLD THAT CLAIM PETITION AS PER ANNEXURE-A IS 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:2567 WP No. 36034/2025 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.49/2023 on the file of the Senior Civil Jude and AMACT, Holalkere [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 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 common impugned order dated 07.12.2023 has allowed the application filed by the claimant rejecting the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:2567 WP No. 36034/2025 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:2567 WP No. 36034/2025 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 SA List No.: 3 Sl No.: 15