S.R.Abdul Gaffar v. V.Srinivasan

C.M.A.No.2586 of 2018 N.KIRUBAKARAN, J.

and ABDUL QUDDHOSE, J.

When the matter is called today Mr.T.Ravichandran, learned counsel appearing for the 2nd Respondent / Insurance Company produced bankers cheque No.838144 dated 07.06.2019, drawn on Indus Ind Bank for a sum of Rs.19,43,129/- in favour of S.R.Abdul Gaffar, the same is also presented in the presence of Mr.F.Terry Chellaraja, learned counsel for the claimant.

2.It is brought to the notice of this Court a sum of Rs.2,52,263/- deducted as TDS apart from a sum of Rs.1,00,000/-. This Court is shocked over the deduction regarding the TDS as a compensation payable in respect of the loss of body parts, pain, sufferings by the unfortunate accident. By no stretch of imagination the compensation can be termed as income from which TDS could be deducted.

3.Therefore Mr.T.Ravichandran, learned counsel for the respondent is directed to give the details of compensation and the TDS deducted, so that the order could be passed comprehensively regarding the Deduction of TDS in case of Motor Accident Claim. If any amount is payable to the claimant the same shall be paid in the mean time.

(N.KIRUBAKARAN, J.) (ABDUL QUDDHOSE, J.) 12 June 2019 kan

N.KIRUBAKARAN, J.

and ABDUL QUDDHOSE, J.

kan C.M.A.No.2586 of 2018 12.06.2019