THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.NO.185 OF 2008 JUDGMENT: Aggrieved by the judgment dated 16.08.2007 in O.P.No.417 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Anantapur, the present appeal is filed. Learned counsel appearing for the appellant mainly urged that the Tribunal below granted interest @ 7.5% per annum from the date of restoration of the O.P., which was dismissed for default on 28.04.2006, whereas, the O.P. was filed in the year 2001 and the order of the Tribunal below is erroneous and that the appellant-petitioner is entitled to interest from the date of filing claim petition but not from the date of dismissal of the O.P. for default dated 28.04.2006. Learned counsel appearing for the Insurance Company mainly attacked the arguments and urged that the Tribunal below granted interest @ 7.5% per annum and the same has to be reduced by placing reliance on the decision reported in Sarla Verma v. Delhi Transport Corporation[1]’s case. Now, the point for consideration is whether the claimant-petitioner is entitled to interest from the date of filing claim petition or not. Admittedly, O.P.No.417 of 2001 was filed by the appellant for the injuries sustained by him in a road accident on 13.03.2000 and he is driver by profession and met with accident while traveling in the ill-fated lorry. The police, after due investigation, filed charge sheet against the driver of the offending vehicle bearing registration No.KA-07-1691. In order to prove his injuries, the claimant examined P.W.2- Dr.T.H.Prakashappa and filed Ex.A5, disability certificate. As per Ex.A5, there is disability for right lower limb at 50% and for left lower limb at 30%. As per Ex.A6, another disability certificate of P.W.1, there is disability at 40%. P.W.2-Dr.T.H.Prakashappa stated in his evidence that the total disability is 25.3%. In view of the disability assessed by P.W.2 and as per the documentary evidence, Exs.A5 and A6, and P.W.1-injured being the driver by profession and deprived of his future earnings, the Tribunal below granted an amount of Rs.80,000/- towards compensation while assessing the disability. However, it granted interest @ 7.5% from 28.04.2006 but not form the date of filing of the claim petition. Having regard to the peculiar circumstances of the case on hand, it is just and necessary in the interest of justice to grant interest to the claimant-injured from the date of filing of the claim petition but not from the date of dismissal for default i.e. 28.04.2006, as granted by the Tribunal below. Accordingly, the MACMA is allowed granting interest at the rate of 6% per annum from the date of filing of the claim petition till the date of realization. There shall be no order as to costs. _______________ (K.S.APPA RAO, J) 10th June 2011 RRB [1] (2009) 6 SCC 121