- (1.) By this writ petition by the petitioner-Insurance Company, a challenge has been made to order dated 03 rd October 2011 passed in Execution Petition No.09/2011 in MACT Case No.116/1998 whereby Motor Accident Claims Tribunal, Rajsamand passed following order:
(2.) As per facts of the case, claimants preferred Claim Petition for compensation against death in an accident occurred on 11 th July 1991. The Claim Petition was dismissed by the Tribunal vide judgment and award dated 16 th January 2001. Then an appeal was preferred against dismissal of the claim petition, which was allowed and a sum of Rs.4,09,000/- was ordered to be paid with interest at the rate of 4% per annum from the date of filing claim petition till date of realization.
(3.) Thereafter petitioner-Insurance Company preferred Special Leave Petition against order of this Court and as per petitioner, the same is pending but the preferred Stay Petition has been rejected by Hon'ble Supreme Court on 03 rd August 2011. In the meanwhile, Execution Petition was preferred by the claimants to get released the amount awarded. Then the petitioner deposited the requisite amount on 19 th August 2011. While depositing, they have deducted 20% of the amount as TDS in accordance with provisions of the Income-tax Act.;