- 1 - HC-KAR NC: 2026:KHC:10234 WP No. 13432 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. 13432 OF 2024 (GM-AC) BETWEEN: 1. THE MANAGER CHOLAMANDALAM MS. GEN. INS. CO.LTD., 2ND FLOOR DARE HOUSE, NO.2 NSE BOSE ROAD CHENNAI-600 001 NOW REP. BY THE MANAGER CHOLAMANDALAM MS. GEN. INS. CO.LTD., GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS ROAD INDUSTRIAL SUBURB RAJAJINAGAR 4TH 'M' BLOCK BENGALRU-560 010. …PETITIONER (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. SUHAS K,R S/O RAJA P RAJU AGED ABOUT 22 YEARS ENGINEERING STUDENT AND AGRICULTURIST R/AT THAMATAKALLU VILLAGE CHITRAURGA TLAUK AND DIST.-577 501 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10234 WP No. 13432 of 2024 2. RAJA P RAJU S/O LATE PALANNA AGED ABOUT 47 YEARS THAMATAKALLU VILLAGE CHITRAURGA TLAUK AND DIST.-577 501 …RESPONDENTS (R1 AND R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-D DTD. 17.01.2024 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA ON IA NO. 2/2023 FILED UNDER ORDER 7 RULE 11(d) READ WITH SECTION 151 OF CPC, READ WITH SECTION 166(3) OF MV ACT IN MVC NO. 108/2023 AND ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNX-B AND HOLD THAT CLAIM PETITION AS PER ANNX-A IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10234 WP No. 13432 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.108/2023 on the file of the I Additional Senior Civil Judge and JMFC, Chitradurga [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] read with 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 17.01.2024, 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 - 4 - HC-KAR NC: 2026:KHC:10234 WP No. 13432 of 2024 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 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 - 5 - HC-KAR NC: 2026:KHC:10234 WP No. 13432 of 2024 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 NV List No.: 4 Sl No.: 71