- 1 - HC-KAR NC: 2026:KHC:11755 WP No. 434 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 434 OF 2026 (GM-AC) BETWEEN: M/S. SHRIRAM GENERAL INSURANCE CO. LTD. HAVING CORPORATE OFFICE AT S AND S CORNER, 302 3RD FLOOR, 48, BOWRING HOSPITAL ROAD SHIVAJI NAGAR, BENGALURU - 560 096 NOW REP. BY M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.R ARCADE, BINALAKALLI MAIN ROAD, BILEKHAHALLI OF B G ROAD, IIMB POST, BANGALORE-76 . REP. BY ITS MANAGER LEGAL. …PETITIONER (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11755 WP No. 434 of 2026 AND: 1. SMT.SHAKUNTHALA J V @ SHWETHA W/O R SHYAMSUNDAR AGED ABOUT 39 YEARS 2. KUM. MOULYA D/O R SHYAMSUNDAR AND SMT. SHAKUNTHALA AGED ABOUT 16 YEARS SINCE MINOR REP. BY HER MOTHER 1ST RESPONDENT BOTH ARE R/AT NO.57A 31ST MAIN ROAD SAKAMMA BADAVANE BENGALURU - 560 096 3. SRI. VIVEK S H AGED ABOUT 25 YEARS S/O HANUMANTHE GOWDA SINCE DECEASED BY LEGAL HEIRS HANUMANTHEGOWDA S/O LATE RAMEGOWDA AGED ABOUT 58 YEARS R/AT SINGAPATANA HANUMANTHAPURA POST HASSAN DISTRICT - 573 128 - 3 - HC-KAR NC: 2026:KHC:11755 WP No. 434 of 2026 4. SMT. LALITHAMMA W/O RAJANNA @ THIRUMALE GOWDA AGED ABOUT 69 YEARS NO.71A, T. DASARAHALLI PIPELINE ROAD, 3RD CROSS, 4TH MAIN BENGALURU - 560 057 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.07.2025 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, XXIII ADDITIONAL COURT OF SMALL CAUSES AT BENGALURU (SCCH-25) NO.3118/2024 AT ANNEXURE-F ON THE APPLICATION FIELD ORDER VII RULES 11(d) R/W 151 OF CIVIL PROCEDURE CODE AT ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:11755 WP No. 434 of 2026 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. 3118/2024 on the file of the XXIII Additional Senior Civil Judge and ACJM, Bengaluru [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 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 01.07.2025, has rejected the petitioner’s application. 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 - 5 - HC-KAR NC: 2026:KHC:11755 WP No. 434 of 2026 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. - 6 - HC-KAR NC: 2026:KHC:11755 WP No. 434 of 2026 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 28