1 FA.261, 262 n 263.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 261 OF 2001 Smt. Nanda Shashikant Gogawale. ... Appellant Versus The New India Assurance Company Limited. ... Respondent ALONGWITH FIRST APPEAL NO. 262 OF 2001 Smt. Nanda Shashikant Gogawale and others. ... Appellants Versus The New India Assurance Company Limited. ... Respondent AND FIRST APPEAL NO. 263 OF 2001 Smt. Lilabai Bapusaheb Patil. ... Appellant Versus The New India Assurance Company Limited. ... Respondent ----- Mr. S.V.Sadavarte for the Appellants. None for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 05 th July, 2011. ORAL JUDGMENT: 1 Heard the learned counsel appearing for the Appellants. 2 FA.261, 262 n 263.11 None appears for the Respondent. 2 These appeals can be disposed of by a common judgment and order. The Appellants in these appeals are the claimants and the Respondents are the Opponents in the claim petitions filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the said Act”). The claim petitions were allowed. However, instead of granting interest from the date on which the claim petitions were filed, the interest was granted from 17 th May, 1993. 3 The learned counsel appearing for the Appellants pointed out that all the three claim petitions were filed on 7 th August, 1991 in the Motor Accident Claims Tribunal at Nashik. He pointed out that that by order dated 29 th January, 1993 passed by this Court, the said claim petitions were transferred to the Tribunal at Pune. He pointed that interest has been granted under the impugned award only from 17 th May, 1993 when the claim petitions were received by the Tribunal at Pune. He submitted that there was no reason to deny interest from the date of filing 3 FA.261, 262 n 263.11 of the claim petitions till 17 th May, 1993. He submitted that no reasons have been assigned for denying the interest for the said period. None appears for the contesting Respondent, who is the insurer of the vehicle. 4 I have carefully considered the submissions. The claim petitions were filed on 7 th August, 1991 before the Motor Accident Claims Tribunal, at Pune. On the basis of the transfer applications filed by the Appellants, the claim petitions were transferred to the Tribunal at Pune with the consent of the contesting Respondents. Perusal of the roznama of the claim petitions shows that as a result of the order of transfer, the proceedings of the claim petitions were not at all delayed. When the claim petitions were transfered to the Tribunal at Pune, the same were pending for return of notices of some of the Respondents. There is nothing on record to show that there was any default on the part of the Appellants in payment of process fees or Bhatta charges. Perusal of the roznama shows that after the claim petitions were transfered to the Tribunal at Pune, number of adjournments were sought by the insurer for filing written statements. In fact, the written statement was filed by the 4 FA.261, 262 n 263.11 insurer on 4 th July, 1994 and an award was made within a month thereafter. Hence, there was no reason to deny the interest to the Appellants from the date of filing of the claim petitions. In fact, no specific reasons have been assigned by the Tribunal for denying interest for the period upto 17 th May, 1993. 5 Hence, I pass the following order: i. The impugned judgments and awards are modified and it is directed that interest at the rate of 12% per annum will be payable from 7 th August, 1991 ; ii. First Appeals are partly allowed on above terms ; and iii. The excess amount payable by the Respondents shall be deposited by the insurer with the Tribunal within a period of three months from today. [ A.S.OKA, J ]