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2012 DIGILAW 1008 (RAJ)

Rajasthan State Road Transport Corporation v. Sanjiv

2012-04-19

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred by the appellant-Rajasthan State Road Transport Corporation assailing the award 1/6/1998 passed by the Motor Accident Claims Tribunal, Kotputali in Claim Case No.866/1993 whereby, a compensation of Rs.1,70,000/- has been awarded in favour of the claimant-respondents for the death of Smt.Kitwali involving the bus of the RSRTC. The learned Tribunal in the aforesaid award directed that if this award is not satisfied within thirty days, the claimants shall be entitled to interest @18% p.a. instead of 12% p.a. from the date of filing claim petition. 2. Learned counsel for the appellant—RSRTC has argued that the Tribunal has erred in law in imposing penal interest while awarding the aforesaid amount of compensation inasmuch as, learned counsel relied on the judgment of Supreme Court in National Insurance Company vs. Keshav Bahadur & Ors. : 2004 (2) SCC 370 = RLW 2004(1) SC 149 to argue that the Tribunal could not have directed payment of penal interest in the case of inability of the RSRTC to make compliance of the award within thirty days. 3. Learned counsel for the respondents has opposed the appeal and argued that imposition of penal interest cannot in any way be held unjustified in order to satisfy the award forthwith. The award is not liable to interfere with and the appeal is liable to be dismissed. 4. Upon hearing learned counsel for the parties and perusing the impugned-award, I find that the Tribunal has passed a just and reasonable award in so far as quantum of compensation is concerned and therefore no interference is made out with that part of the award however, the Tribunal could not have directed for the penal interest of 18% p.a. upon the appellant-RSRTC in case the award is not satisfied within thirty days from the date of passing of the award. 50% of the awarded amount has already been paid to the claimants however, on remaining 50%, there is stay by way of interim order passed by this court on 31/8/1998. 5. The appeal deserves to succeed in part and is hereby allowed in part. The part of the award dated 1/6/1998 passed by the MACT Kotputali is set-aside whereby penal interest of 18% p.a. has been imposed upon the appellant-RSRTC. Claimant-respondents shall be entitled to receive remaining 50% deposited with the Tribunal if this money is otherwise received inclusive amount of interest.