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2022 Supreme(P&H) 274

ARVIND SINGH SANGWAN
New India Assurance Company Limited – Appellant
Versus
Ravinder Kumar @ Vickey – Respondent


Advocates Appeared:
Mr. R.C. Kapoor, Advocate for the petitioner (in CR-527, 3442, 4687 and 7547-2019 and CR-634, 814 & 1382-2021). Mr. Sandeep Suri, Advocate for the petitioner (in CR-4389-2019) Mr. Rajesh K. Sharma, Advocate for the petitioner (in CR-6862-2019) Mr. Varun Sharma, Advocate for Mr. Satpal Dhamija, Advocate for the petitioner (in CR-1686-2021; Mr. Ashit Malik, Advocate for respondents No.3 and 4 (in CR-4687-2019) Mr. Lakhvir Kumar, Advocate for respondent No.6 (in CR-4687-2019) Mr. Vinod Bhardwaj, Advocate for respondents No.1 & 2 (in CR-814-2021) Mr. Yogesh Putney, Sr. Standing Counsel for respondent No.4-Income Tax Department (in CR-527-2019) Mr. Prashant Bansal, Advocate for respondent Nos.1 to 4 and 6 to 27

JUDGMENT

Arvind Singh Sangwan, J. - The common question involved in all the above-mentioned revision petitions arising out of the different orders passed by the Motor Accidents Claims Tribunal, is 'Can the directions be issued to Judgment Debtor-Insurance Company to deduct TDS at source on the amount of interest paid on the compensation under the Income Tax Act, 1961 read with Motor Vehicles Act, 1988.'

2. It would be relevant to note the facts of all the revision petitions :-

CR-527-2019

3. As per the MACT award dated 11.8.2015, the claimant met with an accident on 16.11.2007 and was granted an amount of Rs.26,74,112/-, along with interest @ 7.5% per annum from the date of filing of the petition till its realization.

4. Challenge in this revision petition filed by the New India Assurance Company is to an order dated 26.9.2018, passed by the Additional District Judge, Chandigarh, whereby the Insurance Company was directed to deposit the deducted amount of TDS of Rs.1,42,534/- in compliance of the order with further liberty to withdraw the same from the Income Tax Department, as per the rules.

CR-4687-2019

5. As per the MACT award dated 22.11.2012, the claimant met with an accident and was

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