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2016 Supreme(Bom) 1662

G.S.KULKARNI
New India Assurance Co. Ltd. – Appellant
Versus
Hussain Babulal Shaikh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Devendranath S. Joshi.
For the Respondents: Mr. Samir A. Vaidya, Mr. Suresh Kumar.

JUDGMENT :

The Petitioner–New India Assurance Company Limited has filed this petition challenging the order dated 21 November 2014 passed by the learned member of the Maharashtra Accident Claims Tribunal, Mumbai (for short “the Tribunal”) whereby an application of Respondent No.1 for issuance of warrant of attachment against the Petitioner in execution of an award, for not depositing part of the award amount, on the ground that the same has been deducted as “tax deducted at source” (TDS), stands allowed.

2. Respondent No.1 is the original claimant who sustained injuries in a motor vehicle accident occurred on 17 October 2005. The Respondent No.1 had filed Claim Application No.1178 of 2006, claiming compensation of Rs.50,00,000/- from Respondent No.2 and the Petitioner-Insurer. The learned member of the Tribunal by his judgment and order dated 30 July 2012 awarded compensation of Rs.3,43,000/- inclusive of no fault liability amount together with the simple interest at the rate of 7.5% per annum from the date of filing of the claim petition till realisation of the said amount.

3. The case of the Petitioner is that it has satisfied the Award of the Tribunal by depositing a cheque of an a













































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