1 R.A.NO. 190.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD REVIEW APPLICATION NO. 190 OF 2010 IN FIRST APPEAL NO. 1774 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.L.Bhapkar, Advocate for the Petitioner. Mr.S.P.Chapalgaonkar, Advocate for Respondent. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 25/07/2011 PER COURT : 1. Heard the learned counsel for the respective parties. 2. This Court vide Judgment and Order dated 24/8/2010 had disposed of First Appeal No. 1774 of 2009, thereby enhancing the compensation granted by the Motor Accident Claims Tribunal. While passing the order, the interest @ 7.5 % is awarded. Vide the present Review Application, the applicant contends that the interest @ 7.5 % should have been awarded from the date of application, as awarding interest from the date of application on the amount awarded, is a rule. 2 R.A.NO. 190.2010 3. Mr. Chapalgaonkar, the learned counsel for the respondent submits that it is not the case of error apparent on the face of record. As such, the jurisdiction of this Court U/s 114 read with Order XLVII of the Code of Civil Procedure can not be invoked. The learned counsel contends that the amount which was awarded by the Tribunal has already been withdrawn by the petitioner. As such, from the date the amount is withdrawn, this Court has rightly awarded the interest @ 7.5 % and not prior to that. 4. No doubt, the jurisdiction of this Court while entertaining the review application is in a narrow compass. It is also settled position of law that the amount of interest is to be awarded from the date of application as the petitioner is entitled to the said amount on the date when the petition is filed or the cause of action has arisen. The grant of interest from such date is a rule and non grant of interest from such date is an exception, for which special reasons are required to be stated. In the present case, when the amount has been enhanced, it will be deemed that the petitioner is entitled for the enhanced amount from the date when the cause of action arose or at least from the date of application. 3 R.A.NO. 190.2010 5. In view of the above, the Judgment and Order dated 24/8/2010 is reviewed to the extent of grant of interest @ 7.5 % from the date of application. 6. In the result, I pass the following order : (i) The applicant shall be entitled to the interest on an amount of Rs. 4,80,000/- @ 7.5 % per annum from the date of application i.e. 30/7/2005. (ii) The applicant would not be entitled to get interest @ 9 % per annum as awarded by the Tribunal. (iii) The Review Application is accordingly disposed of. [ S.V. GANGAPURWALA,J. ] KNP/RA 190.2010