The High Court of Karnataka dismissed the insurer's writ petition. It directed the Tribunal to continue the inquiry into the claim petition's merits but refrain from pronouncing a final judgment or award, keeping the outcome subject to pending Supreme Court decisions on limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:2580 WP No.717/2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 717/2026 (GM-AC)
BETWEEN:
THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED. NO. 141, SRI. SHANTHI TOWER, NGEF LAYOUT, KASTURINAGAR, BENGALURU-560043 REPRESENTED BY ITS MANAGER, NARENDRAN. S COMPANY REGISTERED UNDER COMPANY ACT-1956
…PETITIONER
(BY SRI. B. PRADEEP, ADVOCATE)
AND:
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
NC: 2026:KHC:2580 WP No.717/2026
HC-KAR
SANJIVINAGAR, MOODALAPALYA BANGALORE - 560 072
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. QUASH THE ORDERS ON IA NOS. I AND III DATED 22-11-2025 PASSED BY THE COURT OF X ADDITIONAL SMALL CAUSE JUDGE AND ACJM, BANGALORE IN M.V.C. NO.1151/2024 AT ANNEXURE A: B. ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT OR DIRECTIONS TO ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER VII RULE 11(d) R/W SEC. 151 OF CPC ON IA NO. III AT ANNEXURE -E IN M.V.C. NO.1151/2024 ON THE FILE OF THE COURT OF X ADDITIONAL JUDGE AND ACJM, BENGALURU AND HOLD THAT THE CLAIM PETITION IS NOT MAINTAINABLE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2026:KHC:2580 WP No.717/2026
HC-KAR
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.1151/2024 on the file of the X Additional Small Causes Judge and ACJM, Bengaluru [for short, 'the Tribunal']. If the claimant has 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] read with Section 151 of the Code of Civil Procedure, 1908 contending that the petition because it is filed beyond six months from the date of accident is not maintainable. The Tribunal, by the common impugned order dated 22.11.2025 has allowed the application filed by the claimant rejecting the application filed by the petitioner.
NC: 2026:KHC:2580 WP No.717/2026
HC-KAR
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
NC: 2026:KHC:2580 WP No.717/2026
HC-KAR
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
SA List No.: 3 Sl No.: 26
2 issues framed by the court
Whether to entertain the insurer's petition while an Apex Court decision on condonation of delay in motor vehicle claim petitions is pending.
Whether the Tribunal should finalize its order on the maintainability of the claim petition pending the Supreme Court's judgment.
IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED
HARI KRISHNA G
HEMANTH KUMAR. C.
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
