(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. FIRST APPEAL NO. 2944 OF 2008 1. Smt. Sushilabai w/o. Sudam Patil, Age : 40 years, Occupation : Agriculture, Resident of Bramhanpuri, Taluka : Shahada, District : Nandurbar. .. Appellant. versus 1. Rampalsingh Malasingh, .. Appeal abated against Age : Adult, respondent no.1. Occupation : Truck Driver. 2. Smt. Navinderkaur w/o. Gurudayalsingh .. Respondent no.2 Padda, Age : Adult, deleted. Occupation : Truck owner. Opponent Nos.1 and 2 both residents of 76, Gurunanakpura, Nagar. 3. National Insurance Co. Ltd. (Insurer of the Truck), through Branch Manager, Dhule Branch, Dhule. 4. Ibrahimkhan Chandkhan, Age : Adult, Occupation : S.T. Bus Driver (S.T. Bus Depot), Taluka : Nandurbar, District : Nandurbar. (2) 5. Divisional Controller, Maharashtra State Road Transport Corporation (Owner of the S.T. Bus, Dhule Division, Dhule). .. Respondents. ....................... Mr. N.B. Suryawanshi, Advocate, for the appellant. Appeal abated as against respondent no.1. Respondent no.2 deleted. Mr. S.S. Chapalgaonkar, Advocate, holding for Mr. S.P. Chapalgaonkar, Advocate, for respondent no.3. Respondent no.5 served (Absent) ........................ CORAM : K.U. CHANDIWAL, J. DATE : 24TH MARCH 2010 COURT'S ORDER : 1. Heard the respective Counsel. 2. The challenge is apparently to the orders of the learned Member of the Motor Accident Claims Tribunal, Shahada, dated 2nd February 2005. The learned Judge, in paragraph 23 of the judgment, has assigned reasons for not (3) entertaining grant of interest for intervening period i.e. from the date of application till the order. 3. The reasons assigned by the learned Judge, casting the conduct of the claimant, is indeed not supported by the Rozanama. The remissness of Sushilabai in attending the matter was not volitional act to protract the proceedings as the claimants are apparently more keen for seeking the award due to loss of earning capacity owing to the permanent disability. 4. In the result, the order under challenge is modified. The appeal is partly allowed. The award remains unaltered except grant of interest at the rate of 9 % on the awarded amount, from the date of petition till realization. No costs. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/fa2944