2025:HHC:30837 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.225 of 2022 Decided on: 09.09.2025 The Oriental Insurance Company Ltd. … Petitioner Versus Smt. Rita Rani Behal & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Dr. Lalit Kumar Sharma, Advocate. For the respondents : Mr. Vijay Chaudhary, Advocate. Ajay Mohan Goel, Judge (Oral) CMP No.22051 of 2025 By way of this application, a prayer has been made for deletion of the name of respondent No.1. In light of the averments made in the application, the same is allowed, as prayed for. The application stands disposed of. CMPMO No.225 of 2022 By way of this petition, the Insurance Company has assailed order dated 19.03.2022, passed by learned Motor Accident Claims Tribunal-I, Solan, District Solan, H.P., in Case No.103-S/10 of 2018, titled Smt. Rita Rani Behal Versus Oriental Insurance Company (Annexure P-4), in terms whereof, learned Tribunal has directed the Insurance Company to pay an amount of Rs.19,781/-, 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:30837 which was deducted from the compensation amount as Income Tax to the claimants. 2. Having heard learned Counsel for the parties and having perused the impugned order, this Court is of the considered view that there is no infirmity in the impugned order. 3. In light of the fact that the compensation, which is awarded under the Motor Accident Claims Tribunal Act, obviously no tax can be deducted at source from the said compensation amount. 4. Accordingly, as this Court does not finds any infirmity in the impugned order, this petition is disposed of by not interfering with the impugned order, but with the observation that the Insurance Company is also is at liberty to recover the said amount from the Income Tax Department, as obviously the deduction of the said amount by the Income Tax Department is also not sustainable in the eyes of law. The amount in terms of the order passed by the learned Tribunal, if not already deposited, be deposited by the Insurance Company before the learned Tribunal, so that it could be released in favour of the claimant. In case the amount already stands deposited either before the learned Tribunal or before the Registry of this Court, then the same be remitted to the bank account of the claimants on the strength of this order, details 3 2025:HHC:30837 whereof shall be supplied by the learned Court. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 09, 2025 (Rishi)