1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.1420 OF 2009 Chhagan Jayanta Gavit and another. Appellant V/s Sanjay Jaganrao Patil and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. J.R. Shah, Advocate for Appellant. Mr. M.M. Bhokarikar, Advocate for Respondent Nos.1 and 2. Mr. K. V. Kulkarni, Advocate for Respondent No.3. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 16th September, 2009. PER COURT : 1. The original claimant, who filed the Motor Accident Claim Petitoin No.224/2003 for payment of comepensation arising out of the motor accident, has filed the instant appeal questioning the judgment and award dated 19.08.2004 passed by the learned Member, Motor Accident Claims Tribunal, Nandurbar. The only ground of challenge in this appeal is that, the award grants 6% interest on amount of Rs.15,000/- from the date of order till its realisation instead of granting such interest from the date of application. It is urged that, in view of section 171 of the Motor Vehicles Act, 1988, the interest of 6% p.a. on Rs.15,000/- should have been 2 awarded from the date of filing of the application till its realisation. 2. Now the parties to this Appeal do not dispute the position of law under section 171 which requies payment of interest on the amount of award from the date of filing of an application. 3. In view of this the award dated 19.08.2004 passed by the Motor Accident Claims Tribunal in Motor Accident Claim Petition No. 24/2003 is modified only to the extent that, 6% interest p.a. shall be payable from the date of filing of the Claim Petition till its realisation. In view of this the Appeal stands disposed of by maintaining rest of the order of Tribunal as it is. No order as to cost. (R.K. DESHPANDE) JUDGE GAS/fa1420.09