Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10201 WP No. 26027 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. 26027 OF 2024 (GM-AC) BETWEEN:
IFFCO TOKIO GIC LTD. IFFCO SADAN C1 DISTT CENTRE, SAKET, NEW DELHI - 110017 ALSO REP. BY IFFCO TOKIO GIC LTD. 2436-62H 18TH CROSS ROAD, KUVEMPUNAGAR K R PURA, HASSAN TOWN AND DISTRICT - 577301 NOW REP. BY IFFCO TOKIO GIC LTD., CUSTOMER SERVICE CENTER SRI SHANTHI TOWERS, 5TH FLOOR NO.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURI NAGAR, BANGALORE - 560043 REP. BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI. PRADEEP B., ADVOCATE) AND:
1. LAKSHMIDEVI C/O LATE RAMESH RANGEGOWDA AGED ABOUT 49 YEARS
2. MOHAN KUMAR S/O RAMESH RANGEGOWDA
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10201 WP No. 26027 of 2024
AGED ABOUT 32 YEARS
BOTH ARE R/AT ABUKANAHALLI VILLAGE DABBEGHATTA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT CURRENTLY R/AT HIRISAAVE VILLAGE AND HOBLI, CHANNARAYAPATNA TALUK AND HASSAN DISTRICT
3. SURENDRA S S/O SUBBARAO, MAJOR R/O NO. 21, 1ST MAIN B CROSS, CHINNAPPA COLONY OPP. FCI GODOWN, VIJINAPURA BANGALORE …RESPONDENTS (R.1, R.2 AND R3 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEX-E DATED 30.05.2024 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT AND SESSION JUDGE AT CHANNARAYAPATNA ON IA FILED U/O VII RULE 11 OF CPC R/W SECTION 166(3) AMENDMENT ACT 2019 IN MVC NO.1817/2023 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:10201 WP No. 26027 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.1817/2023 on the file of the IV Additional District and Sessions Judge, Channarayapatna [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 30.05.2024, 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
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HC-KAR NC: 2026:KHC:10201 WP No. 26027 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. - 5 -
HC-KAR NC: 2026:KHC:10201 WP No. 26027 of 2024
The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
NV List No.: 4 Sl No.: 37