- 1 - HC-KAR NC: 2026:KHC:2573 WP No. 37183/2025 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. 37183/2025 (GM-AC) BETWEEN: THE REGIONAL MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., MAIN ROAD, NO. 3/5, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI, OFF. BANNERGHATTA ROAD, BANGALORE-560076. NOW REP. BY THE SHRIRAM GENERAL INSURANCE COMPANY. LTD., NO.5/14, 3RD FLOOR, SV ARCADE, BILIKALLALLI MAIN ROAD, IIMB POST, BENGALURU - 560076. REP. BY ITS LEGAL MANAGER. D. S. PRADEEP COMPANY IS REGISTERED UNDER INSURANCE ACT 1938. …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. RAVIKUMAR S/O. ANNOJIRAO, AGED ABOUT 40 YEARS 2. KUM. VARSHA. R, D/O. RAVIKUMAR AGED ABOUT 17 YEARS 3. KUM. GANAVI. R. D/O. RAVIKUMAR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2573 WP No. 37183/2025 AGED ABOUT 15 YEARS R2 AND R3 ARE MINORS WILL BE REPRESENTED BY THEIR N/G I.E., RAVIKUMAR - 1ST RESPONDENT ALL ARE R/O. KALYANAPURA VILLAGE, MADIHALLI HOBLI, SAVASIHALLI POST, BELUR TALUK, HASSAN DISTRICT-573115 4. SHIVAGOWDA T.S. S/O. SIDDEGOWDA AGED ABOUT 66 YEARS 5. SUDHA K.H., W/O. SHIVEGOWDA T.S. AGED ABOUT 57 YEARS R4 AND R5 ARE R/O. TAGARE VILLAGE, BIKKODU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. BE PLEASED TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDERS ON IA NO. I DATED 19-09-2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND MACT AT BELUR IN M.V.C. NO.444/2024 AT ANNEXURE- A. B. BE PLEASED TO ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO REJECT THE APPLICATION NO. 1 FILED BY THE RESPONDENT UNDER SECTION 5 OF THE LIMITATION ACT AND ALLOW THE APPLICATION NO.IL FILED BY THE PETITIONER UNDER ORDER VII RULE 11 R/W SECTION - 3 - HC-KAR NC: 2026:KHC:2573 WP No. 37183/2025 151 OF CPC AS ANNEXURE A IN M.V.C. NO. 444/2024 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND MACT AT BELUR AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE. THIS WRIT 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.444/2024 on the file of the Senior Civil Judge and MACT, Belur [for short, 'the Tribunal']. If the claimants have 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 contending that the petition because it is filed beyond six months from the date of accident - 4 - HC-KAR NC: 2026:KHC:2573 WP No. 37183/2025 is not maintainable. The Tribunal, by the common impugned order dated 19.09.2025 has allowed the application filed by the claimants 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:2573 WP No. 37183/2025 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.: 19