PRAMOD GOHEL Vs. DIVYABEN TUSHAR JHALA

JUDGEMENT

(1.) THE award passed by the learned Motor Accidents Claims Tribunal at Narol is sought to be challenged by way of the present appeal. An amount of Rs. 3,50,000 was awarded to the claimants for the death of the deceased, Tushar Jhala, who was a chemical engineer. The amount awarded cannot in any way be assailed. However, Mr. Soparkar, learned advocated for Mr. S.B. Vakil, for the appellant urged that the court has awarded penal interest and has mentioned that if the appellant failed to deposit the amount within a period of three months, interest rate shall be 12%. As that amounted to penal interest, we have issued notice to the claimant and pursuant to the said notice, Mr. Chokashi, learned advocate appeared for the claimant. Mr. Chokashi could not satisfy that the said interest at the rate of 12% on the appellant failing to deposit the said amount could have been awarded. Mr. Chokashi only urged that even banks would have awarded 12% interest if the amount is deposited in fixed deposit by the claimant. There was nothing in the order which could have prevented the claimants from executing the decree against the appellant. Mr. Soparkar had brought it to our notice that obtaining a cretified copy and sending it to the insurance company and thereafter the decision of depositing the amount or filing an appeal is taken after following proper procedure and hence the insurance company thought they desire to deposit at the earliest are at times prevented from doing so by procedural delays. Under the circumstances, we feel that the said direction of the Tribunal is not sustainable. We, therefore, while dismissing the appeal, only modify the decree to the extent that the learned Tribunals observation that the amount shall carry 12% interest if the appellant fails to deposit the same within a period of three months, is set aside. The interest that the amount will carry would be 6% only. With this observation and with this modification in the decree, the appeal is dismissed at the admission stage. C.A. disposed of with no order as to costs.