- 1 - HC-KAR NC: 2026:KHC:4799 WP No. 36043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 36043 OF 2025 (GM-AC) BETWEEN: TATA AIG GENERAL INSURANCE CO. LTD. 3RD FLOOR, J P AND DEVI JAMBUKESHWARA ARCADE 69, MILLERS ROAD, BENGALURU - 560 052, REPRESENTED BY ITS LEGAL MANAGER, (COMPANY REGISTERED UNDER COMPANY ACT 1956) …PETITIONER (BY SRI. B. PRADEEP., ADVOCATE) AND: 1. LAKSHMAN GOWDA K C S/O CHIKKATHIMMEGOWDA, AGED ABOUT 47 YEARS, RESIDING AT NO.44/A, 1ST MAIN ROAD, J S NAGAR, NANDINI LAYOUT, BANGALORE NORTH, BANGALORE - 96 2. SMT. MAYAMMA W/O LAKSHMAN GOWDA K C, AGED ABOUT 42 YEARS, RESIDING AT NO.44/A, 1ST MAIN ROAD, J S NAGAR, NANDINI LAYOUT, BANGALORE NORTH, BANGALORE - 96 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4799 WP No. 36043 of 2025 3. KUM. SHALINI K L D/O LAKSHMAN GOWDA K C, AGED ABOUT 19 YEARS, RESIDING AT NO. 44/A, 1ST MAIN ROAD, J S NAGAR, NANDINI LAYOUT, BANGALORE NORTH, BANGALORE - 96 4. MAHESH N S/O NAGARAJU, AGED ABOUT 41 YEARS, RESIDING AT NO.809, 5TH MAIN, VIJAYANANDA NAGAR, NANDINI LAYOUT, BANGALORE - 560 086 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 04-08-2025 PASSED ON IA NO. V BY THE COURT OF CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE. IN M.V.C. NO. 3603/2023 AT ANNEXURE - A. AND DIRECTIONS TO ALLOW THE APPLICATION NO. III 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-C IN M.V.C.NO.3603/2023 ON THE FILE OF THE COURT OF CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE. AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE AT ANNEXURE - B. - 3 - HC-KAR NC: 2026:KHC:4799 WP No. 36043 of 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.3603/2023 on the file of the Chief Judge, Court of Small Causes, Bengaluru [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] r/w. Section 151 of the Code of Civil Procedure, 1908 contending that the claim petition cannot be entertained because it is filed beyond six months from the date of accident. The Tribunal, by the impugned order dated 04.08.2025, has rejected the petitioner’s application. 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:4799 WP No. 36043 of 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:4799 WP No. 36043 of 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 AN/- List No.: 3 Sl No.: 5