TaxTMI 
TaxTMI 
2023 (2) TMI 926
X X X X Extracts X X X X
X X X X Extracts X X X X
.... for Respondent No.4 / Insurance Company. 3. Rule. Rule made returnable forthwith. With consent of parties heard finally. 4. The brief facts can be summarized as under:- The Petitioner was serving in the Police Station as a Police Constable. He met with an accident at the age of 35 and sustained 100% disability. His claim before the Motor Accident Claims Tribunal, Ahmednagar was allowed and on an Appeal filed by the Petitioner, the same was enhanced. The High Court has enhanced compensation to Rs.22,51,375/- from 6,31,500/- hence total enhanced payable amount is Rs.16,19,875/- with interest @9% from 01/08/2000 to 18/07/2018. Following chart produced by the Insurance Company indicated the payment made to the Petitioner:- 1) Enhanced P....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e interest cannot be awarded for a period prior to filing of the Claim Petition. The date of passing of the award by Claims Tribunal is the date on which the compensation is determined and the right to receive interest pendente lite ceases. The interest for the period between the filing of the claim petition and passing of the award thus, is for the period when the claimant for the first time approached the Claims Tribunal asking the Tribunal to assess and award compensation and the time consumed in disposing of the Claim Petition. We may also recall, the interest can be awarded even though part of the compensation would comprise of future loss of income. This is so because, the multiplier method factors this aspect also. At the same time, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t no TDS can be deducted on the interest component and, as such, the deduction done by the Insurance Company on the interest component of the claim amount is bad in law. 9. The arguments canvassed by Mr. Godhamgaonkar, learned counsel for Respondent No.4 / Insurance Company is also considered by the Division Bench of this Court in the case of Rupesh Rashmikant Shah (supra), at Paragraph Nos.58 and 59 and particularly Section 194A of the Income Tax Act, 1961 has been considered and, as such, his submission that the Judgments relied upon by the Petitioner of this Courts are per incuriam does not hold good. Section 194A of the Income Tax Act, 1961 is particularly considered in the case of Rupesh Rashmikant Shah (supra), and held at Paragraph ....