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2011 Supreme(Ker) 510

A.K.BASHEER, P.Q.BARKATH ALI
P. M. Abdulla – Appellant
Versus
National Insurance Company Limited, by its Regional Manager – Respondent


Advocate Appeared:
For the Appearing Parties :R. Sudhish, Smt. M. Manju, Mathew Jacob (Sr.) Advocates, P. Jacob Mathew, V.P.K. Panicker, Sri. Murickan, P.K. Ravindranath Menon as amicus curiae, Jose Joseph, Advocates.

JUDGMENT :-

A.K. Basheer, J. –

The appellant, who had suffered certain injuries in a road traffic accident, had instituted a claim petition before the Motor Accidents Claims Tribunal. His claim petition was allowed and he was awarded a sum of Rs.2,77,500/- with interest. In appeal, the compensation awarded by the Tribunal has been enhanced by this court.

2. However, the grievance of the appellant is not connected with the judgment rendered by this court in his appeal. Learned counsel for the appellant has highlighted a common difficulty that is being faced by majority of the claimants, who belong to lower income group. It is pointed out by the appellant that the Income Tax Department has been deducting tax at source while depositing the award amount before the Tribunal which in most of the cases may not be warranted at all.

3. The prayer in this application is to issue a direction to the insurance companies to produce Tax Deduction Certificates relating to individual claimants before the Tribunals at the time of deposit of the award amount and also to direct the Tribunals to issue the certificates to the claimant at the time of disbursement of the amount in deposit.

4. We have he





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