- 1 - HC-KAR NC: 2026:KHC:2826 WP No. 39700 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. 39700 OF 2025 (GM-AC) BETWEEN: THE BRANCH MANAGER LEGAL MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, OFFICE ADDRESS AT NO 85/2, 1ST FLOOR, A.M.S COMPLEX, OPP TO NANDHI PETROL BUNK, P.B.ROAD, DAVANAGERE. NOW REP BY ITS MANAGER LEGAL, M/S ICICI LOMBARD GIC LTD, REGIONAL OFFICE, NO.121, 9TH FLOOR, THE ESTATE, DICKENSONS ROAD, M.G.ROAD, BANGALORE -42. …PETITIONER (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. RAJESH R SHET S/O RAMACHANDRA, AGED ABOUT 52 YEARS. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2826 WP No. 39700 of 2025 2. DARSHAN R SHET S/O RAMACHNDRA. AGED ABOUT 23 YEARS. 3. JEEVAN R SHET S/O RAMACHNDRA, AGED ABOUT 21 YEARS ALL ARE R/AT 1948/46, SUMITHRA NIVASA, 3RD MAIN, 9TH CROSS, NEAR SIDDI VINAYAKA SCHOOL, VINOBHANAGARA, DAVANAGERE CITY - 577 001. 4. SURESHA.M S/O MANICKAM, AGED ABOUT 50 YEARS, R/AT NO 24, MUGAMATHIYAR STREET, SENDAMANGALAM POST, NAMAKKAL DISTRICT, TAMILNADU - 63 7001. 5. GANESHAN.P.K S/O KARUPPANNAN, AGED ABOUT 50 YEARS, R/AT 07,R.C.COMPLEX, 206-261, S.G.MATT ROAD, CHAMARAJAPET, BENGALURU-560018. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A. TO QUASH THE ORDERS DATED 23/8/2025 PASS BY THE COURT OF THE I ADDITIONAL. SENIOR CIVIL JUDGE AT - 3 - HC-KAR NC: 2026:KHC:2826 WP No. 39700 of 2025 DAVANAGERE IN MVC NO 373/2023 AT ANNEXURE-D ON THE APPLICATION FIELD UNDER ORDER 7 RULES 11(D) R/W 151 OF CIVIL PROCEDURE CODE AT ANNEXURE-D; B. ALLOW THE APPLICATION NO IV 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-D IN MVC NO. 373/2023 AND HOLD THAT THE CLAIM PETITION IN MVC NO 373/2023 AT ANNEXURE-B FILED BY THE RESPONDENT NO 1 TO 3 ARE 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 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.373/2023 on the file of the I Additional Senior Civil Judge, Davanagere [for short, 'the Tribunal']. If the claimants have filed an application under Section 5 of the Limitation Act, - 4 - HC-KAR NC: 2026:KHC:2826 WP No. 39700 of 2025 1963 for condonation of the delay in filing the claim petition, the petitioner has filed an application under Order VII Rule 11[d] of the Code of Civil Procedure, 1908 read with Section 151 of CPC 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 common impugned order dated 23.08.2025 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 - 5 - HC-KAR NC: 2026:KHC:2826 WP No. 39700 of 2025 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. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE AN/-