National Insurance Co. Ltd. vs Yashwanti & Ors.
2014 Latest Caselaw 1093 Del

$~1
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment delivered on: 28th February, 2014

+             CM(M) 1066/2012 & CM No.16839/2012 (for stay)


       NATIONAL INSURANCE CO. LTD.                   ..... Petitioner
                    Represented by: Mr.Pankaj Seth, Advocate.

                          Versus

    YASHWANTI & ORS.                              ..... Respondents
                  Represented by: Ms.Amandeep Kaur, Advocate
                              for Respondent Nos. 1 to 4.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J.

CM(M) 1066/2012

1. Vide the instant petition, the petitioner/Insurance Company has challenged the impugned order dated 21.07.2012, passed by the learned Tribunal. The same reads as under:-

" Perused the report of bifurcation of yearly interest furnished by Insurance Co. itself. Not only the yearwise interest is less than Rs.50,000/- p.a. Both interest awarded upto date by the Tribunal and the payment made to the DH per annum is less than Rs.50,000/-. As per the judgment cited above, the Insuance Co. was not entitled to deduct the TDS. This is mechanically deducting the TDS and harassing the poor victim of accident.

Insurance Co. is directed to deposit the amount of TDS alongwith interest through cheque to the DHs and it will not be heard and say since the TDS has been deducted and deposited with the income tax department. The petitioner be not asked to get the amount of TDS from ITO and furnish from the income tax department. It will get the TDS deducting illegally by the Insurance Co. on its own at its own cost and pay a exemplary cost of Rs.11,000/- jointly to all the DHs, who have been harassed and made to run from pillar to post to get back that illegally recovered the TDS from them. Abhi bhi pata nahi, Delhi Kitni door hai.

The amount of TDS alongwith interest be attached from the account of Insurance Co. for 26.07.2012."

2. Keeping in view the today's order, i.e., 28.02.2014 passed by this Court in Review Petition No.412/2013 in MAC. APP. No.441/2012, the order dated 21.07.2012 passed by the learned Tribunal is set aside.

3. Consequently, the instant petition is allowed.

CM No.16839/2012 (for stay) With the disposal of the petition itself, this application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

FEBRUARY, 28 2014 sb