" - 1 - HC-KAR NC: 2026:KHC:12310 WP No. 32875 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32875 OF 2024 (GM-AC) BETWEEN: ICICI LOMBARD GIC LTD., DIVISIONAL OFFICE 2ND FLOOR, NO.821, P B ROAD RENUKA LAYOUT DAVANAGERE - 577 001 NOW REP. BY ICICI LOMBARD GIC LTD. NO.121, THE ESTATE BUILDING 9TH FLOOR, DICKENSON ROAD M G ROAD, BANGALORE-560 001 REP. BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANIES ACT 1956 …PETITIONER (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT.RATHNAMMA C/O MATHANPPA AGED ABOUT 46 YEARS KAKKARAGOLLA VILLAGE Printed from counselvise.com Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12310 WP No. 32875 of 2024 DAVANAGERE TALUK AND DISTRICT 577001 2. DEVARAJA M S/O MAHANTESH AGED ABOUT 29 YEARS R/AT INDIRA LAYOUT KONDAJI VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT - 577 601 …RESPONDENTS (BY SRI.HIREMATHAD MAHESHAIAH RUDRAYYA, ADVOCATE, FOR R1; R - 2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNEX-F DATED 22.10.2024 PASSED BY THE COURT OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE ON APPLICATION BEARING NO.1/2024 FILED UNDER SECTION 5 OF LIMITATION ACT AS PER ANNEX-B IN MVC NO. 216/2023 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:12310 WP No. 32875 of 2024 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD 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.216/2023 on the file of the III Additional Senior Civil Judge and JMFC, Davanagere [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 22.10.2024, 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 Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:12310 WP No. 32875 of 2024 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. Printed from counselvise.com - 5 - HC-KAR NC: 2026:KHC:12310 WP No. 32875 of 2024 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 3 Sl No.: 36 Printed from counselvise.com "