The mandatory deposit of awarded compensation amount within a specified time frame to secure the interest of the victim(s) and all parties involved in the case.

SANJAY VASHISTH, J.

1. Present appeal has been filed by the Oriental Insurance Company Limited (respondent No. 3 in the claim petition) against the award dated 11.07.2023, passed by the learned Motor Accident Claims Tribunal, Rupnagar (here-in-after referred to as ‘the Tribunal’) in MACP- 178-2019, whereby, in a death case, the Tribunal directed the respondents therein to pay compensation amount of Rs.13,35,000/- to the claimants along with interest @ 7.5% per annum from the date of filing of the claim petition till the actual realisation. The Tribunal further held that in case, awarded amount is not paid within the period of 2 months from the date of the award, i.e. 11.07.2023, claimants shall be entitled to the interest @ 9% per annum from the date of award, till realisation.

2. Counsel for the appellant submits that it is a case of contributory negligence because car bearing registration No. PB-12K- 8880 which was being driven by Avtar Singh (deceased in the present case) got struck against the already parked container from the backside, resulting into the death of Avtar Singh and Rishipal while others received injuries.

3. Accident in question took place on 03.02.2019 at 05.30 am and admittedly, there is no evidence that the container bearing registration No. HP-12C-6570 used any blinkers, dippers, indicators or even reflectors while parking it in the middle of the road. Therefore, the Tribunal has also noticed that as per FIR No. 12, dated 03.02.2019, under Sections 283, 304-A, 337, 338 and 427 IPC, registered at Police Station Machhiwara (Ex.C-3), driver of the container is prima facie held to be responsible in parking his vehicle rashly & negligently, and involvement of no other person is found there.

4. Taking note of the fact that truck/container was parked without its parking lights on and also, without any indicators on, either in the front or backside of the vehicle and the fact that the accident took place at 05.30 am in the morning on 03.02.2019, which undoubtedly, is the time of complete darkness all around, the Tribunal has rightly held it to be an act of rash and negligent driving, by the driver of the truck/container.

5. Therefore, this Court does not find any reason to interfere with the findings recorded by the Tribunal.

Accordingly, argument in regard to the contributory negligence of the deceased, is hereby discarded.

6. Another contention made by learned counsel for the appellant is that the Tribunal has erred in directing the appellant Insurance Company to pay interest @ 9% per annum from the date of award till its realisation, after a period of two months of the passing of the award, which is unsustainable.

While placing reliance on the judgment of Hon'ble Apex Court in the case of National Insurance Company Limited v. Keshav Bahadur and others, 2004 (2) R.C.R. (Civil) 99 : Law Finder Doc Id #66830, learned counsel further submits that once the Tribunal has reached to the conclusion that the claimants are entitled for the interest @ 7.5% per annum, imposition of interest @ 9%, in case compensation is not paid within 2 months from the date of award, would amount to imposition of penalty, whereas there is a provision of statutory appeal also.

7. Having heard learned counsel for the appellant and going through the cited judgment, I am of the view that probably, Hon'ble Apex Court was not assisted qua another provision of the Motor Vehicles Act, 1988 (for brevity, ‘the 1988 Act’), i.e. Section 168(3), which says as under:-

“168. Award of the Claims Tribunal.

(1) & (2) XXX XXX XXX

(3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.”

8. From a bare reading of the said provision of Section 168(3) of the 1988 Act, it is amply clear that the object of the Legislation while framing the law is to s