- 1 - HC-KAR NC: 2026:KHC:2825 WP No. 39084 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 39084 OF 2025 (GM-AC) BETWEEN: THE DIVISIONAL MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, 2ND FLOOR, ESSEL CENTER, M.G. ROAD, MANGALORE -575001, NOW REPRESENTED BY ITS LEGAL MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD, GROUND FLOOR, ACR TOWER, NO 32, RESIDENCY ROAD, OPPOSITE TO SBI BANK, ASHOK NAGAR, BANGALURU-560025. …PETITIONER (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. SMT. P JEEVA W/O C.PANDU AGED ABOUT 38 YEARS R/O H.NO 4-427, A5, SHANTHI NAGAR, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2825 WP No. 39084 of 2025 MANIPAL POST, 80, BADAGABETTU, UDUPI-576104. 2. ASHISH A, S/O ANIL KUMAR C, R/O DOOR NO 2-4A, SS SHAMBAVI SOVERIEN, SHIVALLI V G MOODUPERAMPALLI, AMBAGILU, UDUPI-574 101. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE E THE ORDER DATED 30/6/2025 PASSED BY THE BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT AT UDUPI REJECTING THE APPLICATION FILED BY THE PETITIONER HEREIN UNDER ORDER 7 RULE11(D) READ WITH 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT IN MVC NO 650/2023; B) THE PETITIONER PRAYS TO ALLOWED THE APPLICATION UNDER FIELD 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 -E AND FURTHER HELD THAT THE CLAIM PETITION FILED BY THE 1 RESPONDENT AS PER ANNEXURE B IS NOT MAINTAINABLE AND SET ASIDE THE ODER DATED - 3 - HC-KAR NC: 2026:KHC:2825 WP No. 39084 of 2025 30/6/2025 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AT CHIKKAMAGALURU. 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.650/2023 on the file of the II Additional Senior Civil Judge and Addl. MACT, Udupi [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 read with Section 166[3] of the Act contending that the petition because it is filed beyond six months from the date of accident is not maintainable. The Tribunal, by the impugned order dated 30.06.2025 has rejected the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:2825 WP No. 39084 of 2025 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 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 - 5 - HC-KAR NC: 2026:KHC:2825 WP No. 39084 of 2025 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 AN/-