- 1 - HC-KAR NC: 2026:KHC:10197 WP No. 24374 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. 24374 OF 2024 (GM-AC) BETWEEN: HDFC ERGO GIC LTD REP. BY SHOBHA APPAIAH NO. 25/1, 2ND FLOOR, BUILDING NO.2 SHANKAR NARAYANA BUILDING M G ROAD, BENGALURU 560 001 NOW REP BY HTE BRANCH MANAGER HDFC ERGO GIC LTD., BRANCH OFFICE GROUDN FLORO ACR TOWER 32 RESIDENCY ROAD, ASHOK NAGAR BANGALORE, KARNATAKA 560 025 (COMPANY REGISTERED UNDER COMPANIES ACT, 1956) …PETITIONER (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. PAVITHRA K M W/O LATE KIRANKUMAR AGED ABOUT 26 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10197 WP No. 24374 of 2024 2. MANYASHRI D/O LATE KIRANKUMAR AGED ABOUT 3 YEARS 3. LALITHAMMA W/O THIPPESWAMY AGED ABOUT 48 YEARS 4. THIPPESWAMY W/O LATE HONNURAPPA AGED ABOUT 56 YEARS 5. POOJA T D/O THIPPESWAMY AGED ABOUT 26 YEARS RESPONDENT NO.2 IS MINOR HENCE REP. BY HER NATURAL GUARDIAN MOTHER I.E. R.1 ALL ARE R/O KYADIGERE VILLAGE CHITRADURGA TALUK AND DISTRICT - 577 515 6. VIKRAM PASHA S/O GHOUSE SHARIFF MAJOR R/O NO. HIG-3, BADAMA KHAN LAYOUT SUBHASH H NAGAR, N R MOHALLA MYSORE - 570 007 7. PARASURAMA S/O THIPPESWAMY AGED ABOUT 27 YEARS - 3 - HC-KAR NC: 2026:KHC:10197 WP No. 24374 of 2024 R/O KYADIGERE VILLAGE CHITRADURGA TALUK AND DISTRICT - 577 515 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEX-D DTD 04.03.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA ON APPLICATION FILED UNDER ORDER VII RULE 11(D) R/W SEC.151 OF CPC, R/W SEC.166(3) OF MV (AMENDMENT) ACT 2019 IN MVC NO.409/2023 AND ALLOW THE APPLICATION FILED BY THE PETITIONER AS PER ANNEX-B AND HOLD THAT CLAIM PETITION AS PER ANNEX-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 - 4 - HC-KAR NC: 2026:KHC:10197 WP No. 24374 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.409/2023 on the file of the II 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 04.03.2024, 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 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:10197 WP No. 24374 of 2024 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:10197 WP No. 24374 of 2024 The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE nv List No.: 4 Sl No.: 33