- 1 - HC-KAR NC: 2026:KHC:10244 WP No. 16265 of 2025 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. 16265 OF 2025 (GM-AC) BETWEEN TATA AIG GENERAL INSURANCE COMPANY LTD. NO. 69, 2ND FLOOR, JP AND DEVI JAMBAKESHAVAR, ARCHED MILLERS ROAD, VASANTHNAGAR, BANGALORE - 560 052. REP. BY ITS LEGAL MANAGER, COMPANY ITS REGISTERED UNDER COMPANY ACT, 1956. ...PETITIONER (BY SRI.B. PRADEEP, ADVOCATE) AND: 1 . SMT SUVARNA W/O LATE NAVEEN KUMAR AGED ABOUT 44 YEARS 2 . S N RAKSHITHA D/O LATE NAVEEN KUMAR AGED ABOUT 20 YEARS 3 . SMT NANJAMMA W/O LATE RUDRAPPA, AGED ABOUT 76 YEARS ALL ARE PRESENTLY R/AT NO. 17, FIRST FLOOR, 14-B CROSS, AGRAHARA DASARAHALLI, BENGALURU - 560 079 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10244 WP No. 16265 of 2025 4 . BABU MANAKANDATHIL SAKARIA AGED ABOUT 56 YEARS, R/AT MANAKKANATHIL (H) MUTTAMBALAM POST, KANJIKUZHY, KOTTAYAM - 686 005, KERALA 5 . STEVEN SANTHOSH S/O SANTHOSH BABU, AGED ABOUT 20 YEARS MANTA TEBAR, BDS NAGARA, K NARAYANAPURA, BENGALURU - 560 001 RESPONDENTS (BY SRI. A.LOURDU MARIYAPPA, ADVOCATE FOR R1 TO R3; SRI.MANOHAR P, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-D DATED 13-01-2025 PASSED BY THE COURT OF THE VII ADDITIONAL JUDGE, BENGALURU ON APPLICATION UNDER SECTION 5 OF LIMITATION ACT AS PER ANNEXURE -B IN MVC NO.3020/2024 AND ETC. 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:10244 WP No. 16265 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.3020/2024 on the file of the VII Additional Judge, Bengaluru [for short, 'the Tribunal']. The claimants 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 13.01.2025, has allowed the application filed by the claimants. 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 - 4 - HC-KAR NC: 2026:KHC:10244 WP No. 16265 of 2025 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:10244 WP No. 16265 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 0