- 1 - HC-KAR NC: 2026:KHC:1435 WP No. 37681 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. 37681 OF 2025 (GM-AC) BETWEEN: THE REGIONAL MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., MYSORE TRADING CENTRE, OPP. KSRTC BUS STAND, B.N. ROAD, MYSORE-570001. 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. MR.IMTHIYAZ PASHA S/O. MOHAMMED YUSEFF, AGED ABOUT 63 YEARS, R/AT. J.P. NAGAR, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1435 WP No. 37681 of 2025 BELUR TOWN, BELUR TALUK, HASSAN DISTRICT-573115. 2. SRI. SANDEEP T.N. S/O. NAGARAJU, AGED ABOUT 24 YEARS, R/AT. TENKANAHALLI VILLAGE, DANDIGANAHALLI HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573217. (DRIVER OF THE LORRY BEARING REG. NO.KA-13-A-2394) 3. SRI. MANJUNATH U.R. S/O. RAJEGOWDA, MAJOR, ULIVALA VILLAGE, SINGAPURA POST, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211. (OWNER OF THE LORRY BEARING REG. NO.KA-13-A-2394). 4. SRI. PRASANNA, MAJOR, ADIK KERI, HOSURU, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211. (INSURERED OF THE LORRY BEARING REG. NO.KA-13-A-2394). …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - HC-KAR NC: 2026:KHC:1435 WP No. 37681 of 2025 QUASH THE ORDER AS PER ANNEXURE-G DATED. 19.09.2025 PASSED IN MVC NO.76/2024, ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T. AT BELUR, ON IA NO. I FILED BY THE CLAIMANT FOR CONDONATION OF DELAY OF 102 DAYS IN FILING THE CLAIM PETITION AND DISMISSING IA NO.LL 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 ORAL ORDER This petition is by an Insurer calling in question the Order dated 19.09.2025 in MVC No.76/2024 on the file of the Senior Civil Judged and MACT, Belur [for short, 'the Tribunal']. The Tribunal, by this impugned order, has allowed the application filed by the respondent - claimant under Section 5 of the Limitation Act, 1963 [for short, 'the Act'] condoning the delay 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 - 4 - HC-KAR NC: 2026:KHC:1435 WP No. 37681 of 2025 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 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 - 5 - HC-KAR NC: 2026:KHC:1435 WP No. 37681 of 2025 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