- 1 - HC-KAR NC: 2026:KHC:2565 WP No.36006/2025 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.36006/2025 (GM-AC) BETWEEN: IFFCO TOKIO GENERAL INSURANCE CO. LTD., 3RD FLOOR, LAL BAGH TOWER, BALLALBAGH, MG ROAD, MANGALORE-575003. NOW REP. BY THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., TP HUB, 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. MOHAMMED ZUBAIR ALI S/O. HAMEED, AGED ABOUT 21 YEARS. R/AT H. NO. 2-207/5, H.Z. MANZIL, OPP. JANAPRIYA MILL, UCHILA POST, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2565 WP No.36006/2025 BADA VILLAGE, BADA, UCHILA, UDUPI TQ. AND DISTRICT - 574 117. 2. SULEMAN, S/O. UMMAR, AGED ABOUT 54 YEARS. R/AT D. NO.4-17/1, KATTINGERI, UCHILA, NEAR JANAPRIYA MILL, UCHILA POST, BADA VILLAGE, KAPU TALUK UDUPI DISTRICT - 574 117 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. QUASH THE ORDERS DATED 04-04-2025 PASSED BY THE COURT OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM., UDUPI IN MVC NO. 851/2023 AT ANNEXURE - D: II. DIRECTIONS TO REJECT THE APPLICATION FILED BY THE PETITIONER IN I.A. NO. 1 UNDER SECTION 5 OF LIMITATION ACT AT ANNEXURE- B PASSED BY THE COURT OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM., UDUPI IN MVC NO. 851/2023 AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. - 3 - HC-KAR NC: 2026:KHC:2565 WP No.36006/2025 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.851/2023 on the file of the Prl. Senior Civil Judge and AMACT, Udupi [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] of the Code of Civil Procedure, 1908 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 04.04.2025 has allowed the - 4 - HC-KAR NC: 2026:KHC:2565 WP No.36006/2025 application filed by the claimant 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 before the Apex Court. With this arrangement, the - 5 - HC-KAR NC: 2026:KHC:2565 WP No.36006/2025 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.: 13