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2023 Supreme(Chh) 261

SANJAY K. AGRAWAL
United India Insurance Company Limited – Appellant
Versus
Dineshwar Das S/o Late Kundan Das – Respondent


Advocate Appeared:
For the Appellant :Mr. B.N. Nande and Mr. Priyanshu Gupta, Advocates.
For the Respondent:Mr. Ashish Tiwari, Advocate.

ORDER :

1. This civil revision preferred under Section 115 of the CPC is directed against the impugned order dated 25.02.2020 by which the Motor Accident Claims Tribunal, Jashpur in M.A.C.T. Execution Case No.10 of 2013 has directed the applicant-company to deposit Rs.51,416/- holding that amount towards T.D.S. (Tax Deducted at Source) has been deducted illegally from the award amount, which was awarded to the claimants/non-applicants herein.

2. The aforesaid challenge has been made on the following factual backdrop:-

(i) The claimants/non-applicants No.1 to 5 preferred an application under Section 166 of the Motor Vehicles Act, 1988 (for brevity “the Act of 1988) claiming compensation for death of Keshvar Das on 07.01.2013 impleading owner, driver, and applicant – Insurance Company. The Motor Accident Claims Tribunal, Jashpur after full-fledged inquiry, by award dated 11.02.2015 passed an award of Rs.8,32,000/- along with interest of 9% from the date of application i.e. 04.03.2013 which was directed to be paid within one month from the date of award passed failing which 2% penal interest shall be awarded if the said amount was not paid CR No. 40 of 2020 within the stipulated time. Th

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