Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13731 MFA No. 6316 of 2013 C/W MFA No. 6313 of 2013 MFA No. 6314 of 2013 AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6316 OF 2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 6313 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 6314 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 6315 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 6317 OF 2013
IN MFA No. 6316/2013
BETWEEN:
SMT.LAKSHMAMMA W/O M.C.RAMAIAH AGED ABOUT 47 YEARS R/AT MYNAYAKANAHALLI VILLAGE AND POST, CHANNAPATNA TALUK, RAMANAGAR DISTRICT ALSO R/AT NO 1805, 3RD CROSS, 9TH MAIN PRAKASHNAGAR BANGALORE -560 021 …APPELLANT (BY SRI. T.MOHANDAS SHETTY, ADVOCATE)
AND:
1. MR.PUTTASWAMY FATHER'S NAME NOT KNOWN TO THE PETITIONER'S MAJOR NO.136, 4TH CROSS, SAMPHIGE LAYOUT, VIJAYANAGAR BANGALORE 560 040
2.
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS 45 AND 46, WIGHT'S ROAD,
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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CHENNAI- 600 014 REGISTERED OFFICE AT NO.21, PATULLOS ROAD, CHENNAI -600 002
3.
SRI CHANNABASAVAIAH S/O GURUSIDDAIAH AGED ABOUT 40 YEARS NO 386, 2ND CROSS 3RD MAIN, KAMALANAGAR BANGALORE- 560 079
4.
ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO 89, 2ND FLOOR SVR COMPLEX, MADIVALA HOSUR ROAD BANGALORE -560 068 …RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2 SRI.CHANDRASHEKAR SHETTY, ADVOCATE FOR R3 SRI.ANUP SEETHA RAO, ADVOCATE FOR R4 APPEAL AGAINST R1 IS DISMISSED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.3.2013 PASSED IN MVC NO.
2467/2010 ON THE FILE OF THE MEMBER, PRL. MACT, COURT OF SMALL CAUSES, BANGALORE, (SCCH.NO.1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 6313/2013
BETWEEN:
SRI RAJESHEKARA S/O GURUSIDDAIAH AGED ABOUT 36 YEARS HAGALAHALLI VILLAGE AND POST RAMANAGARA TALUK AND DISTRICT
ALSO R/A NO.151, 4TH CROSS NAGAPPA BLOCK, SRIRAMPURA BANGALORE-560 021 ...APPELLANT (BY SRI. T. MOHANDAS SHETTY, ADVOCATE)
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AND:
1. MR.PUTTASWAMY FATHERS NAME NOT KNOWN TO THE PETITIONERS MAJOR NO.136, 4TH CROSS SAMPHIGE LAYOUT VIJAYANAGAR BANGALORE-40
2.
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS 45 & 46, WIGHTS ROAD CHENNAI-600 014 REGISTERED OFFICE AT NO.21 PATULLOS ROAD CHENNAI-600 002
3.
SRI CHANNABASAVAIAH S/O GURUSIDDAIAH AGED ABOUT 40 YEARS NO.386, 2ND CROSS 3RD MAIN, KAMALANAGAR BANGALORE-560 079
4.
ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, 2ND FLOOR SVR COMPLEX, MADIVALA HOSUR ROAD BANGALORE-68 ...RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2 SRI.CHANDRASHEKAR SHETTY, ADVOCATE FOR R3 SRI.B.PRADEEP, ADVOCATE FOR R4 R1- SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.3.2013 PASSED IN MVC NO.
2463/2010 ON THE FILE OF THE MEMBER, PRL. MACT, COURT OF SMALL CAUSES, BANGALORE, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
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IN MFA NO. 6314/2013
BETWEEN:
SMT. MANGALA GOWRI W/O MAHADEVASWAMY AGED ABOUT 30 YEARS HAGALAHALLI VILLAE & POST RAMANAGAR TALUK & DISTRICT ALSO RESIDING AT HALAGURU MALAVALLI TALUK MANDYA DISTRICT ...APPELLANT (BY SRI. T.MOHANDAS SHETTY, ADVOCATE)
AND:
1. MR.PUTTASWAMY FATHERS NAME NOT KNOWN TO THE PETITIONERS MAJOR NO.136, 4TH CROSS SAMPHIGE LAYOUT VIJAYANAGAR BANGALORE-40
2.
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS 45 & 46, WIGHTS ROAD CHENNAI-600 014 REGISTERED OFFICE AT NO.21 PATULLOS ROAD CHENNAI-600 002
3.
SRI CHANNABASAVAIAH S/O GURUSIDDAIAH AGED ABOUT 40 YEARS NO.386, 2ND CROSS 3RD MAIN, KAMALANAGAR BANGALORE-560 079
4.
ICICI LOMBARD GENERAL INSURANCE CO. LTD
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NO.89, 2ND FLOOR SVR COMPLEX, MADIVALA HOSUR ROAD BANGALORE-560 068 ...RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2 SRI.CHANDRASHEKAR SHETTY, ADVOCATE FOR R3 SRI.A.N.KRISHNAMURTHY, ADVOCATE FOR R4 APPEAL AGAINST R1 DISMISSED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.3.2013 PASSED IN MVC NO.
2466/2010 ON THE FILE OF THE MEMBER, PRL. MACT, COURT OF SMALL CAUSES, BANGALORE, (SCCH.NO.1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 6315/2013
BETWEEN:
SMT HOMBALAMMA AGED ABOUT 50 YEARS W/O GURUSIDDAIAH HAGALAHALLI VILLAGE & POST RAMANAGAR TALUK & DISTRICT ...APPELLANT (BY SRI. T MOHANDAS SHETTY, ADVOCATE)
AND:
1.
MR PUTTASWAMY FATHER S NAME NOT KNOWN TO THE PETITIONERS MAJOR NO.136, 4TH CROSS SAMPHIGE LAYOUT VIJAYANAGAR BANGALORE -560 040
2.
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS 45 & 46, WIGHTS ROAD CHENNAI 600014
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REGISTERED OFFICE AT NO.21 PATULLOS ROAD CHENNAI -600 002
3.
SRI CHANNABASAVAIAH AGED ABOUT 40 YEARS S/O GURUSIDDAIAH NO.386, 2ND CROSS 3RD MAIN, KAMALANAGAR BANGALORE-560 079
4.
ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, 2ND FLOOR SVR COMPLEX, MADIVALA HOSUR ROAD BANGALORE -560 068 ...RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2 SRI.CHANDRASHEKAR SHETTY, ADVOCATE FOR R3 SRI.A.N.KRISHNAMURTHY, ADVOCATE FOR R4 R1- SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.3.2013 PASSED IN MVC NO.
2464/2010 ON THE FILE OF THE MEMBER, PRL. MACT, COURT OF SMALL CAUSES, BANGALORE, (SCCH.NO.1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 6317/2013
BETWEEN:
SRI M.C.RAMAIAH S/O LATE CHIKKAIAH AGED ABOUT 63 YEARS R/A MYNAYAKANAHALLI VILLAGE & POST CHANNAPATNA TALUK RAMANAGAR DISTRICT ALSO R/A NO.1805, 3RD CROSS, 9TH MAIN PRAKASHNAGAR BANGALORE -560 021 ...APPELLANT (BY SRI. T.MOHANDAS SHETTY, ADVOCATE)
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AND:
1. MR.PUTTASWAMY FATHER’S NAME NOT KNOWN TO THE PETITIONERS MAJOR, NO.136, 4TH CROSS SAMPHIGE LAYOUT VIJAYANAGAR BANGALORE -40
2.
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.
SUNDARAM TOWERS 45 & 46, WIGHTS ROAD CHENNAI -600 014 REGISTERED OFFICE AT NO.21, PATULLOS ROAD CHENNAI -600 002
3.
SRI CHANNABASAVAIAH S/O GURUSIDDAIAH AGED ABOUT 40 YEARS NO.386, 2ND CROSS 3RD MAIN, KAMALANAGAR BANGALORE -560 079
4.
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
NO.89, 2ND FLOOR SVR COMPLEX, MADIVALA HOSUR ROAD BANGALORE -68 ...RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2 SRI.CHANDRASHEKAR SHETTY, ADVOCATE FOR R3 SRI.A.N.KRISHNAMURTHY, ADVOCATE FOR R4 APPEAL AGAINST R1 DISMISSED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.3.2013 PASSED IN MVC NO.
2465/2010 ON THE FILE OF THE MEMBER, PRL. MACT, COURT OF SMALL CAUSES, BANGALORE, (SCCH.NO.1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT
Aggrieved by the order passed in M.V.C.Nos.2467, 2463, 2466, 2464, 2465/2010 dated 25.03.2013 by the Member, PRL.M.A.C.T, Bangalore, the claimants have filed MFA.Nos.6316, 6313, 6314, 6315 and 6317/2013 respectively. The Tribunal by way of a common order had disposed of all these claim petitions, as such, this Court is also disposing off these appeals by way of a common order. 2. The facts of the case are that the claimant in M.V.C.No.2463/2010 was the driver of the Maruti Omni and other claimants were travelling in the said car on 11.10.2009. It is their case that when the vehicle reached near Bellur Cross, at about 1:15 p.m., a Tempo Traveller came from the opposite direction in a rash and negligent manner that too on the extreme right side of the road and dashed against the Maruti Omni and as a result, all the claimants have sustained the injuries. - 9 -
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3. The Tribunal had held that there is no negligence on the part of the Tempo Traveller and the Police records reveals that a case is registered against the claimant in MVC.No.2463/2010, who was the driver of the Maruti Omni. Hence, the Tribunal had held that there is no negligence on the part of the Tempo Traveller and the negligence is on the part of the claimant in MVC.No.2463/2010. When it comes to the liability, the Tribunal had held that the driver of Maruti Omni was holding the driving license to drive Light Motor Vehicle - Non-Transport and he had no valid driving license to drive the vehicle involved in the accident which is an LMV - Transport vehicle and the Insurance Company is not liable to pay the compensation and it is the owner who is liable to pay the compensation. When it comes to the compensation, the Tribunal had held that the claimant in MVC.No.2463/2010 cannot claim compensation for the injuries sustained by him in an accident that occurred on account of his own negligence. Hence, MVC.No.2463/2010 was dismissed. 4.
In MVC.No.2464/2010, the claim petition was filed seeking compensation of an amount of Rs.3,00,000/- and the
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Tribunal had granted compensation of an amount of Rs.9,000/- as per the table given below:
SL. No. Heads
Compensation Awarded
1. Pain and suffering : Rs. 6,000/-
2. Medical Expenses : Rs. 1,000/-
3. Conveyance charges : Rs. 1,000/-
4. Attendant charges : Rs. 500/-
5. Loss of income during the period of treatment : Rs. 500/-
TOTAL : Rs. 9,000/-
5. In MVC.No.2465/2010, the claim petition was filed seeking compensation of an amount of Rs.3,00,000/- and the Tribunal had granted compensation of an amount of Rs.12,500/- as per the table given below:
SL. No. Heads
Compensation Awarded
1. Pain and suffering : Rs. 6,000/-
2. Medical Expenses : Rs. 4,317/-
3. Conveyance charges : Rs. 1,000/-
4. Attendant charges : Rs. 500/-
5. Loss of income during the period of treatment : Rs. 500/-
TOTAL : Rs. 12,317/-
Rounded off to : Rs. 12,500/-
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6. In MVC.No.2466/2010, the claim petition was filed seeking compensation of an amount of Rs.5,00,000/- and the Tribunal had granted compensation of an amount of Rs.1,95,000/- as per the table given below:
SL. No. Heads
Compensation Awarded
1. Injury, pain and suffering : Rs. 30,000/-
2. Medical Expenses : Rs. 99,021/-
3. Attendant charges : Rs. 6,000/-
4. Conveyance charges : Rs. 3,000/-
5. Loss of income during treatment : Rs. 8,000/-
6. Loss of earning capacity on account of disability : Rs. 38,400/-
7. Future medical expenses : Rs. 10,000/-
TOTAL : Rs. 1,94,421/-
Rounded off to : Rs. 1,95,000/-
7. In MVC.No.2467/2010, the claim petition was filed seeking compensation of an amount of Rs.2,00,000/- and the Tribunal had granted compensation of an amount of Rs.8,000/- as per the table given below:
SL. No. Heads
Compensation Awarded
1. Pain and suffering : Rs. 6,000/-
2. Medical Expenses : Rs.
500/-
3. Conveyance charges : Rs. 500/-
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4. Attendant charges : Rs. 500/-
5. Loss of income during the period of treatment : Rs. 500/-
TOTAL : Rs. 8,000/-
8. Respondent No.2/Insurance Company had insured the Tempo Traveller and respondent No.4/Insurance Company had insured the Maruti Omni. When this matter came up on 26.03.2025, as there was no representation on behalf of the appellants/claimants, this Court has directed the matters to be listed under the caption part-heard. Even today also, there is no representation on behalf of the appellants/claimants. These appeals are filed in the year 2013 seeking enhancement of the compensation. Even after 12 years, there is no representation on behalf of appellants. Hence, this Court is inclined to dispose of all these matters basing on the material available on record. 9. Learned counsel appearing for respondent No.2/ Insurance Company which has insured the Tempo Traveller submits that the Tribunal had rightly exonerated the Insurance Company considering the oral and documentary evidence placed before the Court. - 13 -
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10. Learned counsel appearing for respondent No.4/ Insurance Company which has insured the Maruti Omni submits that the Tribunal had rightly held that the owner of the vehicle is liable to pay the compensation as the driver was not having a valid driving license to drive the LMV Transport vehicle and there are no reasons to interfere with the order passed by the Tribunal. 11. Having heard the learned counsels for respondent Nos.2 and 4, perused the entire material on record. MFA No.6313/2013 arising out of M.V.C.No.2463/2010
12.
The claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the accident. The Tribunal had dismissed the claim petition filed by the claimant. 13. The evidence on record clearly discloses that because of the negligence on the part of the driver of the Maruti Omni, who is the claimant in M.V.C.No.2463/2010, the accident had taken place. - 14 -
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14. This Court has perused the finding of the Tribunal where it is stated that the claimant cannot claim compensation for the injuries sustained by him in an accident that occurred on account of his own negligence. This Court finds no reasons to interfere with the finding of the Tribunal. Accordingly, MFA.No.6313/2013 deserves to be dismissed. MFA No.6314/2013 arising out of M.V.C.No.2466/2010
15. The claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.5,00,000/- for the injuries sustained by the claimant in the accident. The Tribunal had granted compensation of an amount of Rs.1,95,000/-. 16. In this case, the claimant had sustained one fracture injury. Hence, under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.99,021/- and there are no grounds to interfere. Considering 3 days of hospitalization, the Tribunal had rightly granted an amount of Rs.6,000/- and 3,000/- towards Attendant charges and Conveyance charges respectively and no interference is
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called for. Coming to the head of loss of income during treatment period, as this is an accident of the year 2009, this Court is taking the income of the claimant at Rs.5,000/- per month and for 3 months, an amount of Rs.15,000/- is granted towards loss of income during the treatment period. Towards loss of earning capacity on account of disability, this Court is granting an amount of Rs.67,200/- (Rs.5,000x12x16x7/100).
Towards future medical expenses, the doctor has stated that the claimant has to undergo one more surgery which may cost an amount of Rs.20,000/- and the Tribunal had granted an amount of Rs.10,000/-. This Court is granting an amount of Rs.20,000/- towards future medical expenses. Towards loss of amenities, the Tribunal had not granted any amount. This Court is granting an amount of Rs.15,000/- towards loss of amenities. 17. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 1 (2014) 11 SCC 178
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18. The claimant is therefore, entitled to the compensation under the following heads:
SL. No. Heads
Compensation Awarded by Tribunal Compensation Awarded by this Court
1. Injury, pain and suffering : Rs. 30,000/- 40,000/-
2. Medical Expenses : Rs. 99,021/- 99,021/-
3. Attendant charges : Rs. 6,000/- 6,000/-
4. Conveyance charges : Rs. 3,000/- 3,000/-
5. Loss of income during treatment : Rs. 8,000/- 15,000/-
6. Loss of earning capacity on account of disability : Rs. 38,400/- 67,200/-
7. Future medical expenses : Rs. 10,000/- 20,000/-
8. Loss of amenities : Rs. 00/- 15,000/-
9. Legal expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 1,94,421/- 2,75,221/-
Enhancement : Rs. 80,800/-
19. Accordingly, MFA No.6314/2013 is partly allowed. MFA No.6315/2013 arising out of M.V.C.No.2464/2010
20. The claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.3,00,000/- for the injuries sustained by the claimant in the accident. - 17 -
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21.
In this case, except placing the wound certificate and the bills, the claimant had not adduced any other evidence and the Tribunal had granted compensation of an amount of Rs.9,000/-. Considering the injuries sustained by the claimant, this Court deems it appropriate to award global compensation of an amount of Rs.20,000/-. MFA No.6316/2013 arising out of M.V.C.No.2467/2010
22. The claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.2,00,000/- for the injuries sustained by the claimant in the accident. The Tribunal had granted compensation of an amount of Rs.8,000/-. 23. Considering the injuries sustained by the claimant, this Court is granting global compensation of an amount of Rs.20,000/-. MFA No.6317/2013 arising out of M.V.C.No.2465/2010
24. The claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of
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Rs.3,00,000/- for the injuries sustained by the claimant in the accident. The Tribunal had granted an amount of Rs.12,500/-. 25. In this case, the doctor was examined and no other evidence is adduced. Considering the injuries sustained by the claimant, this Court is granting global compensation of an amount of Rs.20,000/-. 26. Coming to the liability, the Tribunal had fixed the liability on the owner of the Maruti Omni. In the light of the law laid down in case of Mukund Dewangan Vs. Oriental Insurance Co. Limited2, the Insurance Company is liable to pay the compensation. 27. Accordingly, MFA.No.6313/2013 is dismissed. 28. MFA.No.6314/2013 is partly allowed enhancing the compensation from an amount of Rs.1,95,000/- to Rs.2,75,221/-. 29. MFA.No.6315/2013 is partly allowed enhancing the compensation from an amount of Rs.9,000/- to Rs.20,000/-.
2 AIR 2017 SC 3668
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30. MFA.No.6316/2013 is partly allowed enhancing the compensation from an amount of *Rs.8000/- to Rs.20,000/-. 31. MFA.No.6317/2013 is partly allowed enhancing the compensation from an amount of *Rs.12,500/- to Rs.20,000/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.4 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 7 *Corrected vide chamber order dated: 25/06/2025.