- 1 - HC-KAR NC: 2026:KHC:10187 WP No. 15220 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. 15220 OF 2024 (GM-AC) BETWEEN: THE GENERAL MANAGER BHARATHI AXA GENERAL INS. CO. LTD., NOW KNOWN AS. ICICI LOMBARD GENERAL INSURANCE CO. LTD., ABOVE HERO HONDA SHOW ROOM, BANNIGIDA STOP, GOKUL ROAD, HUBLI, NOW REP. BY THE MANAGER, BHARATHI AXA GENERAL INS. CO. LTD., 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, M G ROAD, BENGALURU - 560 042 …PETITIONER (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. SMT PADMA W/O LATE RANGAPPA AGED ABOUT 54 YEARS 2. SRI. MANJUNATHA S/O LATE RANGAPPA AGED ABOUT 38 YEARS 3. SRI. NAGARAJA S/O LATE RANGAPPA AGED ABOUT 36 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10187 WP No. 15220 of 2024 AL ARE R/O JAIPURA VILLAGE, KASABA HOBLI, HOLALKERE TALUK 4. SUDHEER KUMAR S.L. S/O LOKESHAPPA R/O SHIVAPURA KASABA HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRICT …RESPONDENTS (BY SRI.B. M. SIDDAPPA, ADVOCATE FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-D DATED 21.03.2024 PASSED BY SENIOR CIVIL JUDGE AND AMACT., HOLALKERE ON APPLICATION BEARING NO.2 FILED UNDER SECTION 5 OF LIMITATION ACT AND TO ALLOW IA NO. 1 FILED BY PETITIONER UNDER ORDER VII RULE 11(D) R/W SEC 151 OF CPC, R/W SEC 166(3) OF IMV ACT IN MVC NO. 1038/2023 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:10187 WP No. 15220 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.1038/2023 on the file of the Senior Civil Judge and AMACT, Holalkere [for short, 'the Tribunal']. If the claimants have filed an application under Section 5 of the Limitation Act, 1963 for condonation of the delay in filing the claim petition, the petitioner has filed an application under Order VII Rule 11[d] of the Code of Civil Procedure, 1908 read with Section 166[3] of the Act contending that the claim petition is not maintainable because it is filed beyond six months from the date of accident. The Tribunal, by the common impugned order dated 21.03.2024, has allowed the application filed by the claimants rejecting the application filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:10187 WP No. 15220 of 2024 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 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 - 5 - HC-KAR NC: 2026:KHC:10187 WP No. 15220 of 2024 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. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 19