- 1 - HC-KAR NC: 2026:KHC:10222 WP No. 8824 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. 8824 OF 2025 (GM-AC) BETWEEN: 1. THE DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE D. NO. 14-2-101/6, 3RD FLOOR PLAZA CHAMBERS BALMATTA ROAD MANGALORE-575 001 NOW REP BY THE SHRIRAM GENERAL INSURANCE COMPANY. LTD., NO.5/14 3RD FLOOR, SV ARCADE BILIKALLALLI MAIN ROAD IIMB POST BENGALURU-560 076 REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI. PRADEEP B, ADVOCATE) AND: 1. DINESH ACHARYA S/O LATE GANAPATHI ACHARYA AGED ABOUT 57 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10222 WP No. 8824 of 2025 R/O. H. NO. 4-339 NEAR ADAMAR ROAD YERMAL BADA, TENKA UDUPI-574119 2. SHODHAN Y S/O SADANANDA AGED ABOUT 32 YEARS R/O. H. NO.22-272 YASHODHA NIVAS, MOONCHUR SRINIVASNAGAR, DAKSHINA KANNADA-575014. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEXURE-F DATED 02-03-2024 PASSED BY THE COURT OF THE PRL. SR. CIVIL JUDGE AND CJM, UDUPI ON IA FILED UNDER ORDER 7 RULE 11 OF CPC R/W SECTION 166(3) (AMENDMENT ACT 2019) IN MVC NO. 1052/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:10222 WP No. 8824 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.1052/2023 on the file of the Principal Senior Civil Judge and CJM, Udupi [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 02.03.2024, 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 - 4 - HC-KAR NC: 2026:KHC:10222 WP No. 8824 of 2025 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 will be subject to the Apex Court’s decision on the afore question. - 5 - HC-KAR NC: 2026:KHC:10222 WP No. 8824 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 4 Sl No.: 58