- 1 - HC-KAR NC: 2026:KHC:1431 WP No. 38862 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. 38862 OF 2025 (GM-AC) BETWEEN: THE BRANCH MANAGER M/S FUTURE GENERALI INDIA INSURANCE COMPANY LTD, C/O 1ST FLOOR, NO.47/1, 9A MAIN, 1ST STAGE, INDIRA NAGARA, BENGALURU, KARNATAKA-560038 NOW REP BY ITS THE MANAGER ASSISTANT M/S FUTURE GENERALI INDIA INSURANCE COMPANY LTD, BRIGADE MLR CENTER, MUNICIPAL NO 20(OLD), NEW NO 50, VANI VILAS ROAD, BASAVANAGUDI. BENGALURU-560004. …PETITIONER (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1431 WP No. 38862 of 2025 AND: 1. PAPANNA S/O MUNIVEKATAPPA, AGED ABOUT 62 YEARS, R/AT T.GOLLAHALLI VILLAGE, BETHMANAGALA HOBLI, KOLAR DISTRICT. 2. JAYALAKSHIMI W/O PAPANNA, AGED ABOUT 52 YEARS, R/AT T.GOLLAHALLI VILLAGE, BETHMANAGALA HOBLI, KOLAR DISTRICT. 3. SUBRAMANI S/OPAPANNAG, AGED ABOUT 27 YEARS, R/O VODDARAHALLI VILLAGE, DHANAYARANAHALLI POST BETHMANGALA HOBLI, BANGARAPET TALUK KOLAR DISTRICT. 4. VEKAT P S/O PAPANNA, AGED ABOUT 21 YEARS, R/AT T.GOLLAHALLI VILLAGE, BETHMANAGALA HOBLI. KOLAR DISTRICT. 5. MANJUNATH M S/O MUNIYAPPA, AGED ABOUT 50 YEARS - 3 - HC-KAR NC: 2026:KHC:1431 WP No. 38862 of 2025 R/AT T.GOLLAHALLI VILLAGE, BETHMANAGALA HOBLI KOLAR DISTRICT. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 2/4/2025 PASSED BY THE COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR SITTING AT KGF IN MVC NO 120/2023 AT ANNEXURE-D ON THE APPLICATION FILED UNDER ORDER 7 RULE11(d) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT AT ANNEXURE-C; ALLOW THE APPLICATION NO III FILED BY THE PETITIONER UNDER ORDER 7 RULE 11(d) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT AS PER THE ANNEXURE-C IN MVC NO 120/2023 AND HOLD THAT THE CLAIM PETITION IN MVC NO 120/2023 AT ANNEXURE-A FILED BY THE RESPONDENT NO 1 TO 4 IS BARRED BY TIME AND 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 - 4 - HC-KAR NC: 2026:KHC:1431 WP No. 38862 of 2025 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.120/2023 on the file of the III Additional District and Sessions Judge, Kolar (Sitting at K.G.F) [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11 read with 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 02.04.2025, 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 Nos.8412-8413/2023 and similar matters in the writ - 5 - HC-KAR NC: 2026:KHC:1431 WP No. 38862 of 2025 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 will be subject to the Apex Court’s decision on the afore question. - 6 - HC-KAR NC: 2026:KHC:1431 WP No. 38862 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB