( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1906 OF 2009 Ankush s/o. Bhaguji Bhosle and anr. .. Appellants [original claimants] Versus The Branch Manager, The Oriental Insurance Co. Ltd. & Ors. .. Respondents [original respondents] Shri R.V. Gore, Advocate for the appellants. Shri A.G. Kanade, Advocate for respondent No.1. Shri V.R. Autade, Advocate for respondent No.3. CORAM : P.R. BORKAR,J. DATED : 10.06.2010 P.C. :­ 1. This First Appeal is taken up for final hearing at the stage of admission with consent of the parties. The First Appeal is directed against the judgment and award passed by the Member, Motor Accident Claims Tribunal, Aurangabad, in M.A.C.P. No. 411 of 2001, decided on 18th February, 2009, whereby present respondent Nos. 1 to 3 are jointly and severally directed to pay an amount of Rs. ( 2 ) 1,29,000/­ inclusive of ‘No Fault Liability’ to the claimants/appellants with interest at the rate of 9% per annum from the date of the order till realisation of entire amount. The appeal is filed by the claimants for refusal to allow interest prior to the date of order i.e. 18.02.2009. In view of the fact that the appeal is restricted only to the question of interest pending the proceeding before the Tribunal, the appeal is taken up for final hearing and is being disposed of. 2. Heard Adv. Shri R.V. Gore for the appellants, Adv. Shri A.G. Kanade for respondent No.1 and Adv. Shri V.R. Autade for respondent No.3. 3. There is no dispute regarding certain facts appearing from the record. The accident had occurred on 30.01.2001 in which the deceased Bhaguji had expired. The claim petition was filed in the Tribunal on 09.08.2001. The matter was ready for evidence from 31.11.2005 till 20.02.2007. However, the claimants did not lead evidence and therefore the matter was dismissed for default on 20.02.2007. Subsequently, the application was filed for restoration of ( 3 ) the matter and about one and half years were spent therein. Thereafter, the matter was restored and evidence was led and the claim petition was decided on merit. 4. The learned advocate for the appellants Shri Gore stated that this is a beneficial legislation and interest ought to have been given from the date of filing the application i.e. 09.08.2001 till the matter was ready for evidence on 31.11.2005 and thereafter interest should have been given from the date on which the matter was restored, because no negligence was attributed to the appellants. On the other hand the learned advocates for respondent No.1 & 3 Shri Kanade and Shri Autade respectively submitted that the Insurance Company is a public sector undertaking, it deals with public fund and in the interest of justice, litigants should be discouraged from protracting the proceedings. 5. The learned Member of the Tribunal has also referred to the case of Shashikant Jaikumar Makhe V/s. Shantabai Ramswarup Sarda, 2008 (1) Mh.L.J. 957, for holding that where negligence can be attributed to claimants, they can be deprived of interest. ( 4 ) 6. Section 171 of the Motor Vehicles Act, 1988 is as follows:­ “171. Award of interest where any claim is allowed : Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim, as it may specify in this behalf.” 7. On the face of it, the section gives ample discretion to the Tribunal in respect of grant of interest so also regarding rate of interest. 8. Considering the facts and circumstances of the case, in my opinion, the claimants/appellants can be awarded interest from the date on which the matter was restored to file after its dismissal on 20.02.2007. In these circumstances, the First Appeal is allowed partially and it is directed that in addition to future interest from the date of the order, respondent Nos. 1 to 3 shall jointly and severally pay interest at the rate of 9% p.a. from the date on which M.A.C.P. No. 411 of 2001 was restored after dismissal on 20.02.2007 till 18.02.2009. ( 5 ) 9. With above modifications, the First Appeal is partially allowed and accordingly disposed of. [P.R. BORKAR,J.] snk/2010/JUN10/fa1906.09