[2026:RJ-JP:6718]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 324/2020

1. Smt. Suraj Kaur W/o Late Sh. Sultan Singh, aged about

56 Years, R/o Chirunim, Teh. Mundawar, Dist. Alwar (Raj)

2. Sh. Kanwar Pal Singh S/o Late Sh. Sultan Singh, aged about 31 Years, R/o Chirunim, Teh. Mundawar, Dist. Alwar (Raj)

3. Sh. Sandeep S/o Late Sh. Sultan Singh, aged about 27 Years, R/o Chirunim, Teh. Mundawar, Dist. Alwar (Raj)

----Appellants Versus

1. Suresh Kumar S/o Kamal Singh, R/o Chelawas, P.S.

Kanina, Dist. Mahendragarh (Haryana) (Driver Of Vehicle No. HR 55 F 7572)

2. Smt. Laduri W/o Leela Ram, R/o Rathiwas, Distt.

Gurgaon, At Present R/o Near Govt. Plot Rajpura, Dharuheda, Dist. Rewari (Haryana) (Owner of Vehicle No.

HR 55 F 7572)

3. IFFCO Tokyo General Insurance Company Ltd., Office At IFFCO Tokyo Tower, Plot No. 3, Sector 29, Gurgaon (Haryana) Through Its Regional Manager (Insurer of Vehicle No. HR 55 F 7572)

----Respondents For Appellant(s) : Mr. Atul Sharma with Ms. Neelam Choudhary For Respondent(s) : Mr. Virendra Agarwal with Ms. Anjali Assat Mr. Amit Agarwal JUSTICE ANOOP KUMAR DHAND

Order

12/02/2026

1. By way of filing the instant appeal, a challenge has been led to the impugned judgment and award dated 11.04.2019 passed by the Motor Accident Claims Tribunal, Kishangarhbas Alwar (for short, ‘the Tribunal’) in MAC Case No. 196/2008 by which the additional enhanced compensation of Rs. 3,01,178/- has been awarded to the claimants – appellants (for short, ‘the claimants’) and a direction has been issued for deduction of TDS amounting to Rs.1,90,150/- from the additional enhanced compensation and a further direction has been issued to the respondent-Insurance Company to deposit the aforesaid TDS amount with the Income Tax Department.

2. Feeling aggrieved and dissatisfied by the aforesaid directions issued by the Tribunal, the claimants have approached this Court seeking appropriate directions.

3. Counsel for the claimants submits that on 19.10.2007 the deceased Sultan Singh was travelling to his duty point in a tempo bearing No. HR-55-F-7572 but the driver of the said tempo drove the vehicle in a rash and negligent manner due to which the deceased sustained several heinous injuries and died during treatment on the same day. Counsel submits that a claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, ‘the Act of 1988’) was submitted before the Tribunal seeking compensation and the said claim petition was partly allowed vide judgment and award dated 17.02.2012 and a direction was issued to the respondent-Insurance Company to pay compensation of Rs.16,70,432/- to the claimants.

4. Aggrieved by the aforesaid judgment and award, the claimants approached this Court by way of filing Civil Misc. Appeal No. 2074/2012 and in the said appeal the matter was remitted to the Tribunal and thereafter, the Tribunal has decided the claim petition afresh vide impugned judgment dated 11.04.2019 and an additional amount of Rs. 3,01,178/- has been awarded to the claimants and a further direction has been issued to the respondent-Insurance Company to deduct a sum of Rs. 1,90,150/- as TDS and deposit the same with the Income Tax Department while the rest of the amount has been ordered to be paid to the claimants along with interest @ 6% p.a. Counsel submits that the aforesaid direction should not have been issued and if at all, the Tribunal was of the view that certain TDS is required to be deposited at the instance of the claimants with the Income Tax Department, then this amount should have been given to the claimants. Counsel submits that the claimants could have deposited this amount with the Income Tax Department through PAN Card, hence under these circumstances, interference of this Court is warranted.

5. He further argued that the claimants are entitled to get interest on the full additional amount i.e. 3,01,178/- and not only on the remaining amount after deduction of TDS. Lastly, he argued that w