Mrs. Susan Rahaman @ Ayesha Rahaman v. New India Assurance Company Limited
Case brief
What is this about?
Civil Revision Petition CRP No.181 of 2016 (EX), High Court of Karnataka, V Srishananda J., decided 16.10.2025, under Section 115 CPC 1908 against order dated 07.07.2015 in Ex.No.2522/2012 (V Addl. Senior Civil Judge & XXIV ACMM, Bengaluru) closing execution. Subjects: TDS deduction by insurer (New India Assurance) from motor vehicle accident compensation; compensation held not taxable income; interest calculation by decree holders; absence of notice of court deposit; liability not ceasing on deposit without notice; miscarriage of justice; reopening of execution petition; recovery of TDS from Income Tax Department. Petitioners: Susan Rahaman @ Ayesha Rahaman, Shuaiba Rahaman, Mohammed Zeshan Rahaman (decree holders). Result: revision allowed; difference of decretal amount payable within four weeks.
What did the court decide?
Revision petition allowed; the Decree Holder's claim is to be satisfied by the Insurance Company; the difference of decretal amount to be paid within four weeks, failing which Execution Petition No.2522/2012 is to be reopened and suitable orders passed; the amount deducted at source towards tax may be recovered by the Insurance Company from the Income Tax Department in accordance with law.