1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.521 OF 2001 Smt.Malutai Abaji Gurav & Ors. .. Appellants versus The Maharashtra State Road Transport Corporation, Bombay .. Respondent Mr.S.M.Kamble h/f Mr.A.P.Mundargi for the appellants. Mr.G.S.Hegde for respondent No.1. CORAM : A.S.OKA, J. DATE : 23rd November 2009. JUDGMENT: . Heard learned counsel appearing for the appellants and the learned counsel appearing for the 1st respondent. The appellants are the claimants in a claim petition filed under section 110A of the Motor Vehicles Act, 1939. The claim was filed by the appellants on account of demise of one Abaji Gurav in a motor accident on 19th December 1987. The compensation of Rs.93,500/- has been granted by the learned Member of the Tribunal under the impugned award dated 25th January 1993. The interest at the rate of 9% per annum has been granted from the date of filing of the claim petition till payment of the amount. 2 2. Only grievance of the appellants is that interest at the rate of 9% per annum is on the lower side and interest at the rate of 18% per annum ought to have been granted. The learned counsel appearing for the respondents submitted that grant of interest is at the discretion of the Tribunal and there is no scope to interfere with discretion of the Tribunal. He submitted that interest at the rate of 9% per annum is reasonable. 3. After having heard the submissions, I am of the view that interest ought to have been fixed at the rate of 12% per annum. The accident was of 1987. The claim petition was filed in the year 1988 and was decided in the year 1993. considering the rates of interest prevailing at the relevant time, Courts have been consistently granting interest at the rate of 12% per annum. In the present case, there is no reason assigned by the learned Member for fixing the rate of interest at 9% per annum. 4. Hence, the award needs to be modified to that extent and I pass the following order: : O R D E R : (a) The impugned award is modified by directing that interest at the rate of 12% per annum shall be payable on the 3 compensation amount of Rs.93,500/- from the date of filing of the claim petition till the date on which the said principal amount is deposited by the respondents. (b) Time of three months is granted to the respondents to deposit the balance amount as per this order. (c) Appeal is partly allowed in above terms with no orders as to costs. (A.S.OKA,J)