- 1 - HC-KAR NC: 2026:KHC:2562 WP No. 35860/2025 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.35860/2025 (GM-AC) BETWEEN: THE LEGAL MANAGER SHRI RAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S AND S CONER BUILDING SHIVAJI NAGAR, BANGALORE-560 001 NOW REP. BY SHRI RAM GENERAL INSURANCE CO. LTD. NO.3/4, S.V. ARCADE 3RD FLOOR, BELEKAHALLI, BANGALORE - 560 076 REPRESENTED BY ITS MANAGER (COMPANY REGISTERED UNDER INSURANCE COMPANY ACT-1938) …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. SRI NARENDRA V AGED ABOUT 43 YEARS S/O. LATE VENKATAREDDY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2562 WP No. 35860/2025 R/A. I D HALLI GRAPAN, I D HALLI HO MADHUGIRI TALUK ITAKADIBBANAHALLI TUMKUR-572 124 2. SRI. MANJUNATH V S/O. ERANNA MAJOR IN AGE R/AT BABAIHNA TEMPLE STREET BACKSIDE ROAD TO KOTE ANJANEYA SWAMY TEMPLE, PAVAGADA TUMKUR - 561 202 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS ON IA NO.VI DATED 01.09.2025 PASSED BY THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MEMBER MACT, BENGALURU IN MVC NO.7423/2024 AT ANNEX-A. B. DIRECTIONS TO ALLOW THE APPLICATION NO.VI FILED BY THE PETITIONER UNDER ORDER VII RULE 11 (D) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE AND SECTION 166 (3) OF THE MV ACT AT ANNEXURE -B IN M.V.C. NO.7423/2024 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ADDITIONAL - 3 - HC-KAR NC: 2026:KHC:2562 WP No. 35860/2025 CHIEF JUDICIAL MAGISTRATE, MEMBER MACT, BENGALURU AND HOLD THAT THE CLAIM PETITION 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.7423/2024 on the file of the XXII Addl. Small Causes Judge, Bengaluru [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 - 4 - HC-KAR NC: 2026:KHC:2562 WP No. 35860/2025 maintainable. The Tribunal, by the common impugned order dated 01.09.2025 has allowed the 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 - 5 - HC-KAR NC: 2026:KHC:2562 WP No. 35860/2025 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 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.: 10