- 1 - HC-KAR NC: 2026:KHC:2824 WP No. 39532 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. 39532 OF 2025 (GM-AC) BETWEEN: THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., NO.32, GROUND FLOOR, ACR TOWER, RESIDENCY ROAD, OPPOSITE TO SBI BANK, ASHOK NAGAR, BENGALURU-560025. REP. BY ITS SENIOR MANAGER - LEGAL,/AUTHORISED SIGNATORY. …PETITIONER (BY SRI. D VIJAYA KUMAR.,ADVOCATE) AND: 1. SRI. SHANMUGAVEL. T S/O. THIRUGANASAMBANTHAM, AGED ABOUT 49 YEARS, 2. SRI. AJITH KUMAR S. S/O. SHANMUGAVEL T. AGED ABOUT 23 YEARS, R/AT. NO.F1 A BLOCK, KRISHNA TULASI APARTMENT, BATHARAJ NAICKER STREET, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2824 WP No. 39532 of 2025 ANNA NAGAR, NORTH KORATTUR, AMBATTUR SUB-DISTRICT, TIRUVALLUR DISTRICT, TAMILNADU-600076. AND ALSO R/AT. NO.9, 16TH CROSS, AECS LAYOUT, RMV 2ND STAGE, SANJAYNAGARA, BENGALURU-560094. 3. SRI. M. PRAKASH, S/O. S. MALLESH, AGED ABOUT 35 YEARS, R/AT. 2ND CROSS, T.B. ROAD, BIRUR TOWN, KADUR TALUK, CHICKAMAGALURU DISTRICT-577116. (OWNER OF THE KA-18-A-8424). …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ORDER AS PER ANNX-E DATED 23.07.2025 PASSED IN MVC NO. 5832/2024 ON THE FILE OF XIV ADDL. SCJ ACJM AND MEMBER-MACT BENGALURU ALLOWING THE CLAIM PETITION ON THE GROUNDS OF THE PETITION IS BARRED U/SEC 166(3) OF AMENDED MV ACT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:2824 WP No. 39532 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.5832/2024 on the file of the XIV Additional Small Causes Judge and ACJM & Member-MACT, Bengaluru [for short, 'the Tribunal']. The claimant has filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition. The Tribunal, by the impugned order dated 23.07.2025, has allowed the application filed by the claimant. 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 - 4 - HC-KAR NC: 2026:KHC:2824 WP No. 39532 of 2025 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. - 5 - HC-KAR NC: 2026:KHC:2824 WP No. 39532 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-