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69. Likewise Hon'ble Supreme Court in Delhi Administration v. Manohar Lal has mandated by making the following observations:

Apparently the learned Judge in the High Court was merely swayed by the considerations of judicial comity and propriety and failed to see that merely because this Court has issued directions in some other cases to deal with the fact situation in those other cases in the purported exercise of its undoubted inherent and plenary powers to do complete justice, keeping aside even technicalities, the High Court exercising statutory powers under the criminal laws of the land, could not afford to assume to itself the powers or jurisdiction to do the same or similar things, the High Court and all other Courts in the country were no doubt ordained to follow and apply the law declared by this Court but that does not absolve them of the obligation and responsibility to find out the ratio of the decision and ascertain the law, if any, so declared from a careful reading of the decision concerned and only thereafter proceed to apply it appropriately, to the cases before them...

168. In view of these two decisions of Hon'ble Supreme Court, simply because in some, or say good number of cases, the Hon'ble Apex Court was pleased to direct the insurer at the initial stage to make payment of entire awarded amount and then settled the rights of the insurer on the anvil of Sections 149(4) and 149(5), it cannot be said to be the ratio of the decision and that does not entitle me to be merely swayed by considerations of judicial comity and propriety.

169. The other aspect of the matter being to interpret the provisions of Sections 149(4) and 149(5) in the background of the provisions of Section 149(2), as beneficial piece of legislation and being for the benefit of the claimants, even on that standpoint, I find that the provisions are required to be interpreted keeping in mind the established legal principle expressed in the words 'actus curiae neminem gravabit', i.e., the act of the Court shall prejudice no man.