- 1 - HC-KAR NC: 2026:KHC:2572 WP No. 36072/2025 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. 36072/2025 (GM-AC) BETWEEN: SHRIRAM GENERAL INSURANCE CO. LTD., REP. DIVISIONAL MANAGER, D.NO. 14-2, 101/6 3RD PLAZA CHAMBER, BALMATTA ROAD MANGALORE, D. K. DISTRICT - 575001 NOW REP. BY SHRIRAM GENERAL INSURANCE CO. LTD. NO.3/4, S.V. ARCADE 3RD FLOOR, BELEKAHALLI BANGALORE - 560 076 REPRESENTED BY ITS MANAGER (COMPANY REGISTERED UNDER COMPANY ACT-1956) …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. SRI MOHAMMED THOUSIF AGED ABOUT 38 YEARS S/O. MAYYADI R/AT 1-403, MANOLIGUJJI CHAKRATHIRTHA, SHIVALLI VILLAGE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2572 WP No. 36072/2025 KUNJIBETTU POST UDUPI TALUK AND DIST- 574 106 2. A.S. JUST TOURS AND TRAVELS PVT. LTD. REPRESENTED BY ITS MANAGER NO. 432/A, 9TH MAIN 4TH CROSS, 3RD STAGE INDIRANAGARA BANGALORE - 560 038 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 16.10.2025 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T, UDUPI IN M.V.C. NO. 632/2024 AT ANNEXURE A. B. BE PLEASED TO ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO ALLOW THE APPLICATION NO.III FILED BY THE PETITIONER UNDER ORDER VII RULE 11 (d) CPC READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND SECTION 166 (3) OF THE MV ACT AT ANNEXURE -C IN M.V.C. NO. 632/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T, UDUPI AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2572 WP No. 36072/2025 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.632/2024 on the file of the II Additional Senior Civil Judge and Additional JMFC, Udupi[for short, 'the Tribunal']. The petitioner has filed an application under Section Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 and read with 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 dated 16.10.2025 has rejected the application filed by the petitioner. The question: whether a claim petition filed beyond six months from the date of the accident can be entertained is pending with the Apex Court in SLP - 4 - HC-KAR NC: 2026:KHC:2572 WP No. 36072/2025 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 pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise - 5 - HC-KAR NC: 2026:KHC:2572 WP No. 36072/2025 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