Allowed

The Oriental Insurance Company Limited v. Smt. Shilpa

Chhattisgarh HC12 Aug 2022WP227/718/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a writ petition challenging the Motor Accident Claims Tribunal's award requiring an insurance company to pay compensation with T.D.S. deduction. The court relied on a coordinate bench order to quash the Tribunal's award and attachment warrant.

What did the court decide?

Impugned order of the Motor Accident Claims Tribunal and the attachment warrant are quashed and set-aside. Parties to bear their own costs.

The Oriental Insurance Company Limited Vs Smt… — Motor Accident Claims | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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W.P.(227) No. 718 of 2016

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The Oriental Insurance Company Limited, through Branch Office, Transport Nagar, Korba, District - Korba (C.G.)

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---- Petitioner/Non-Applicant No.2

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Versus

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Smt. Shilpa Wd/o Kishore Gabli, aged about 29 years,

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Smt. Sapna Bai Wd/o D.S. Gabli,

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Kumari Samiksha, aged about 7 years, (Minor) D/o late Kishore Gabli, through natural guardian mother Shilpa Gabli, Wd/o late Kishore Gabli

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All R/o Chandmani Nagar, 9 Ekar N, 119, Post Bhagwan Nagar, Nagpur (Maharashtra)

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---- Claimants

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B.K. Saxena S/o N.K. Saxena, R/o MIC-73, Rajendra Nagar, Insurance Company Limited, Branch Office Transport Nagar, Korba, District Korba (C.G.)

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---- Non-Applicant No.1

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Mohd. Sohraj Khan S/o Mohd. Aslam Khan, R/o Qtr. No. C-171, Subhash Block, S.E.C.L. Colony, Rampur Chowki, Korba, District Korba (C.G.)

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		---- Non-Applicant No.3
For Petitioner	:	Shri Pankaj Agrawal, Advocate
For Respondents 1, 2 & 3	:	None, though notices have been served
For Respondent No. 4	:	Shri H.A.P.S. Bhatia, Advocate appears on behalf of Samir Singh, Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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12.08.2022

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Heard.

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Admit.

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The petitioner has challenged the legality and validity of the order passed by the First Additional Motor Accident Claims Tribunal, Janjgir-Champa (C.G.) 29.02.2016 directing the Insurance Company to pay Rs.75,000/- to the Claimants. The said amount was deducted by the Insurance Company as T.D.S. at the time deposit of award amount before the Claims Tribunal.

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Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the order dated 16.12.2010 passed by the coordinate bench of this Court in W.P.(227) 205/2010.

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Learned counsel for respondent No. 4 does not dispute the contention made by Mr Pankaj Agrawal.

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Consequently, the instant petition deserves to be and is hereby allowed in the similar terms to the order passed in W.P.(227) No. 205/2010 ( The New India Assurance Company Limited Vs. Ramesh Kumar Tamrakar and others ). The impugned order dated 26.072016 (Annexure-P/8) passed by the First Additional Motor Accident Claims Tribunal, Janjgir-Champa in Execution Case No. CT Ex - 68/2005 (C.G.) and also attachment warrant Annexure-P/9 are quashed and set-aside. Parties to bear their own costs.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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vatti

The Oriental Insurance Company Limited v. Smt. Shilpa

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Limited v. Smt. Shilpa

Case brief

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