- 1 - HC-KAR NC: 2026:KHC:10191 WP No. 22035 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22035 OF 2024 (GM-AC) BETWEEN: SBI GENERAL INSURANCE CO. LTD, 1ST FLOOR, RUKMINI TOWERS, PLATFORM ROAD, NEAR MANTRI MALL, SHESHADRIPURAM, BENGALURU-560 020, REP. BY ITS LEGAL MANAGER, COMPANY IS REGISTERED UNDER COMPANY ACT, 1956. …PETITIONER (BY SRI.B.PRADEEP, ADVOCATE) AND: 1. HARISH. M S/O. MUNICHIKKAIAH, AGED ABOUT 37 YEARS, 2. CHANDRAMMA W/O. LATE MUNICHIKKAIAH, AGED ABOUT 49 YEARS, BOTH ARE R/AT MAVALLIPURA VILLAGE, HESARAGHATTA HOBLI, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10191 WP No. 22035 of 2024 YELAHANKA TALUK, BANGALORE DISTRICT-560 089. 3. SHIVARAJU. H. S. S/O. SIDDAPPA, AGED ABOUT 43 YEARS, R/AT NO. 53, HOSAPALYA VILLAGE, THIPPAGONDANAHALLI POST, CHAMARAJASAGARA, BANGALORE - 562 121. …RESPONDENTS (BY SRI.RAGHU K S., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-G DATED 12.01.2023 PASSED BY THE COURT OF THE III ADDITIONAL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES BENGALURU (SCCH-18) ON IA FILED UNDER ORDER VII RULE 11 OF CPC READ WITH SECTION 166(3) (AMENDMENT ACT 2019) IN MVC NO. 3769/2023 AND ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNEXURE-B AND HOLD THAT CLAIM PETITION AS PER ANNEXURE-A IS NOT MAINTAINABLE. 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:10191 WP No. 22035 of 2024 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.3769/2023 on the file of the III Additional Judge, Court of Small Causes, Bengaluru [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[a] and (d) r/w. 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 12.01.2024, has rejected the petitioner’s application. 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. - 4 - HC-KAR NC: 2026:KHC:10191 WP No. 22035 of 2024 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. - 5 - HC-KAR NC: 2026:KHC:10191 WP No. 22035 of 2024 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RS List No.: 4 Sl No.: 27