- 1 - HC-KAR NC: 2026:KHC:1433 WP No. 37477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37477 OF 2025 (GM-AC) BETWEEN: THE DIVISIONAL MANAGER DIVISIONAL OFFICE, HDFC ERCO GENERAL INSURANCE COMPANY LIMITED, IST FLOOR, H M GENERAL HOUSE, NO.14, CUNNINGHAM ROAD, BANGALORE-560052 REP BY ITS SENIOR MANAGER-LEGAL/ AUTHORISED SIGNATORY, GROUND FLOOR, ACR TOWER 32, RESIDENCY ROAD, OPPOSITE TO SBI BANK, ASHOK NAGAR, BANGALORE-560025 …PETITIONER (BY SRI. D VIJAYA KUMAR.,ADVOCATE) AND: 1. SMT. KRISHNAMMA W/O LATE KALLAHALLY RAMANNA, AGED ABOUT 61 YEARS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1433 WP No. 37477 of 2025 HOUSE HOLD, 2. SMT BHAGYAMMA R D/O LATE KALLAHALLY RAMANNA, AGED ABOUT 37 YEARS, HOUSE HOLD WORK, BOTH ARE R/AT HOSAKALLAHALLY VILLAGE, KASABA HOBLI, CHITRADURGA TALUK-577540 3. SYED ZAKEER S/O SHABBIR SAB, MAJOR, OWNER OF LORRY BEARING REGN NO. KA -17-C-4279, R/AT 3RD MAIN, 14TH CROSS, VINOBA NAGAR, DAVANAGERE-577006 4. SRI SIDDESH R S/O LATE KALLAHALLY RAMANNA, AGED ABOUT 43 YEARS, 5. SRI AJJAPPA R S/O LATE KALLAHALLY RAMANNA, AGED ABOUT 45 YEARS, R4 AND R5 ARE AGRICULTURIST, R/AT HOSAKALLAHALLY VILLAGE, KASABA HOBLI, CHITRADURGA TALUK-577540 6. SMT SHARADAMMA W/O RAMANNA, AGED ABOUT 47 YEARS, - 3 - HC-KAR NC: 2026:KHC:1433 WP No. 37477 of 2025 HOUSE HOLD, R/AT MEERSABIHALLI, CHALLAKERE TALUK-577522 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-E DATED 14.08.2024 PASSED IN MVC NO.332/2024 BY THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T- V AT CHITRADURGA, ON IA NO. I FILED BY THE CLAIMANTS FOR CONDONATION OF DELAY IN FILING THE CLAIM PETITION AND DISMISSING IA NO.IL FIELD BY THE INSURANCE COMPANY FILED UNDER ORDER VII RULE 11(D) AND R/W SEC. 151 OF CPC AND ALSO R/W SEC. 166(3) OF AMENDED M.V. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:1433 WP No. 37477 of 2025 ORAL ORDER This petition is by an Insurer calling in question the Order dated 14.08.2024 in MVC No.332/2024 on the file of the II Additional Senior Civil Judge and JMFC, Chitradurga [for short, 'the Tribunal']. The Tribunal, by this impugned order, has allowed the application filed by the respondents-claimants under Section 5 of the Limitation Act, 1963 [for short, 'the Act'] condoning the delay of 287 days in filing the claim petition under the Motor Vehicles Act, 1988. Mr. D. Vijaya Kumar, the learned counsel for the petitioner, is heard in the light of the interim orders granted by the Apex Court 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 pendency of the writ petitions/special leave petitions before it shall not come in the way of the - 5 - HC-KAR NC: 2026:KHC:1433 WP No. 37477 of 2025 claim petitions being adjudicated by the Tribunals but with the stipulation that the judgments shall not be finalized, and the Apex Court's order is in the light of the question whether the Tribunals could condone delay under Section 5 of the Act and entertain the claim petitions. 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 would be subject to the final outcome in the pending matters before the Apex Court, and this Court must next observe that the Tribunal must proceed with the adjudication of the claim petition but without passing Judgment. As such, the petition stands disposed of in the afore terms. Sd/- (B M SHYAM PRASAD) JUDGE RB