1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.3727 OF 2008 WITH FIRST APPEAL NO.3728 OF 2008 WITH FIRST APPEAL NO.3729 OF 2008 WITH FIRST APPEAL NO.3730 OF 2008 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. V. S. Bedre, Advocate for appellants. Mr.V. N. Upadhye, Advocate for respondent no.2. [ CORAM : K.U.CHANDIWAL, J. ] DATE : 22nd January, 2010 PER COURT : 1. Heard Mr.Bedre for the respective claimants and Mr.Upadhye for the appellant. The factum of accident taking toll of four precious life requiring to file claim Petition and award is not in question, by separate judgment in each of the matter. On the behest of insurance company appeal 2 was preferred. I have already exonerated the insurance company to meet claim. 2. In these appeals, Mr.Bedre has asserted that the learned Member has erred in fixing the quantum of interest and date thereof. I find substance in the submissions. There is no justification in the learned Member granting such interest from the date of judgment instead of granting them from the date of Petition. There was nothing before the learned Member to display that claimants ever protracted matter disentitling them to such interest. The interest should have been at the rate of 7.5%. Hence order:- a) The appeals are partly allowed. b) The interest in each of the claim petition to be from the date of respective applications at the rate of 7.5% p.a.. The same will not be applicable to be exhausted 3 in other claim Petitions. c) The respective Civil applications also disposed of. [ K.U.CHANDIWAL ] JUDGE gas/fa3727.08