- 1 - HC-KAR NC: 2026:KHC:17849 WP No. 2073 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2073 OF 2025 (GM-AC) BETWEEN: ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO. 22, MAXIMUM COMMERCIAL COMPLEX, LHH ROAD, HAMPANAKATTE, MANGALORE 575001 NOW REP BY ICICI LOMBARD GIC LTD. NO. 121, THE ESTATE BUILDING, 9TH FLOOR, DICKSON ROAD, M G ROAD, BANGALORE 560 001. REP BY ITS LEGAL MANAGER, COMPANY IS REGISTERED UNDER COMPANY ACT, 1956 …PETITIONER (BY SRI. PRADEEP B., ADVOCATE) AND: 1. MALLESH S/O NINGEGOWDA AGED ABOUT 54 YEARS, VENKATESHAPURA VILLAGE, KONANURU HOBLI, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17849 WP No. 2073 of 2025 ARAKALAGUD TALUK, HASSAN DISTRICT - 573102. 2. SUDARSHAN S/O LATE MANJUNATH, AGED ABOUT 29 YEARS, BEHIND ADICHUNNAGIRI KANNADA SCHOOL, BIRANAHALLI KERE, HASSAN - 573201 …RESPONDENTS (R-2 SUDHARSHAN SERVED) THIS WP UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO QUASH THE ORDER AS PER ANNEXURE-D DATED 14-11-2024 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALAGUD ON APPLICATION BEARING NO.1/2024 FILED UNDER SECTION 166(3) IN MV ACT AS PER ANNEXURE B IN MVC NO. 1128/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:17849 WP No. 2073 of 2025 ORAL ORDER The captioned writ petition is filed by the Insurance Company calling in question the order passed by the Motor Accident Claims Tribunal in M.V.C.No.1128/2023, whereby the Tribunal has proceeded with the adjudication of the claim petition notwithstanding the contention of the petitioner that the claim petition itself is barred by limitation, having been instituted beyond the prescribed period of six months. 2. Learned counsel appearing for the petitioner– Insurance Company submits that the Tribunal has committed an error in proceeding with the claim petition despite the admitted fact that the claim petition has been filed beyond the statutory period of six months. In support of his contention, learned counsel has placed reliance on a judgment rendered by a Co-ordinate Bench of this Court, wherein the question relating to the maintainability of claim petitions filed beyond the prescribed period and the - 4 - HC-KAR NC: 2026:KHC:17849 WP No. 2073 of 2025 applicability of Section 5 of the Limitation Act, 1963, for condonation of delay in such matters has been examined. 3. Having examined the judgment relied upon by the learned counsel for the petitioner, this Court is informed that the very same question, namely, whether a belated claim petition under the Motor Vehicles Act, 1988 can be entertained by invoking Section 5 of the Limitation Act, 1963 for condonation of delay beyond the statutory period, is presently under consideration before the Hon’ble Apex Court in Special Leave to Appeal (C) Nos.8412–8413 of 2023. It is also brought to the notice of this Court that in several similar matters, Co-ordinate Benches of this Court, while taking note of the pendency of the aforesaid Special Leave Petitions before the Hon’ble Supreme Court, have disposed of writ petitions with an observation that the pendency of the matter before the Hon'ble Apex Court shall not come in the way of the Tribunal proceeding with the adjudication of the claim petitions. However, the Tribunal has been directed to defer - 5 - HC-KAR NC: 2026:KHC:17849 WP No. 2073 of 2025 the pronouncement of the final judgment and award until the issue regarding maintainability of such belated claim petitions is authoritatively decided by the Hon’ble Supreme Court. 4. In the light of the consistent view taken by the Co-ordinate Benches of this Court and bearing in mind that the issue concerning the maintainability of claim petitions filed beyond the period of six months is presently sub judice before the Hon’ble Apex Court, this Court deems it appropriate to adopt the same course. Accordingly, the Motor Accident Claims Tribunal is directed to proceed with the adjudication of the claim petition on merits. 5. However, the Tribunal shall refrain from pronouncing the final judgment and award until the Hon’ble Supreme Court renders its decision in the aforesaid Special Leave Petitions concerning the maintainability of claim petitions filed beyond the prescribed period of limitation. - 6 - HC-KAR NC: 2026:KHC:17849 WP No. 2073 of 2025 With these observations and directions, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AMM List No.: 3 Sl No.: 13