1 fa1242 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1242 OF 2011 The Oriental Insurance Company Ltd ...Appellant vs. Mrs.Sony Iqbal Khan Chandel & Ors. ...Respondents Mr.S.S.Vidyarthi i/b Mr.A.S.Vidyarthi for the appellant Mr.A.M.Gokhale i/b Mr.M.B.Kotak for the respondent nos.1 to 5 CORAM : A.S.OKA,J. DATE : AUGUST 5, 2011 P.C.: 1 Heard learned counsel for the appellant and the learned counsel for respondent nos.1 to 5. Perused the order dated 14 th July 2011. For the reasons recorded therein, the only issue which requires consideration in this appeal is regarding the grant of interest. The learned counsel for the appellant has placed on record a certified copy of the Roznama of the proceedings of the claim application. He pointed out that though the claim application was filed in December 1997, the same was adjourned repeatedly till the year 1999 for removal of the office objections. He submitted that on number of occasions, adjournments were sought by the applicant. His submission is that interest could not have been granted from the date of filing of the claim application as the proceedings of the claim application was delayed due to defaults on the part of the Respondents. 2 fa1242 2 Perusal of the Roznama shows that the application was filed on 22 nd December 1997. The application was registered. It is true that from time to time, the claim application was adjourned for removal of office objections. As the application was registered, the Tribunal could have always issued notice of the claim application pending the removal of office objections. The first page of the Roznama shows that copies of F.I.R, Panchnama, Post Mortem Report, Police Certificate, Photographs were produced along with the claim application. The documents produced were sufficient to issue notice of the claim application to the opponents in the claim application. There was an application made under section 149 of the Code of Civil Procedure,1908 as regards the court fees. In July 2001, the Tribunal issued notice returnable on 24 th September 2001. The Roznama dated 24 th September 2001 shows that the packet was returned with remark Intimation posted . Therefore, a fresh notice was issued. On 28 th September 2004 and 21 st December 2004 time was granted to the appellant to file the written statement. On 28 th March 2005, an order was passed directing that the claim application will proceed without the written statement. On 16 th November 2005, an application was filed by the appellant under section 170 of the Motor Vehicles Act,1988 by tendering the written statement along with the Application. Thereafter, from time to time the claim petition was adjourned for settlement of issues. The issues were settled on 10 th September 2008. The Roznama of the proceedings shows that 3 fa1242 thereafter there is no default on the part of the original claimant resulting in delay in disposal of the claim petition. Taking overall view, it cannot be said that the disposal of the claim was delayed on account of any default on the part of the Respondents/Claimants. 3 The claim arises out of a fatal accident. Interest granted is at the rate of 7.5% per annum. No fault can be found with the Tribunal awarding interest from the date of filing the claim petition. Hence, there is no merit in the appeal and the same is accordingly dismissed with no order as to costs. JUDGE