Anjali wd/o Arvindkumar Bhimjiyani v. Union of India
2010-07-12
A.P.BHANGALE
body2010
DigiLaw.ai
Judgment :- Oral Judgment: 1. Heard. Admit. R & P dispensed with. Heard forthwith by consent of parties in pursuance to the order dated 1st July 2010. 2. The Railway Claims Tribunal has awarded interest on the amount of compensation of Rs. 4 lacks at 7% per annum from the date of order i.e. 8.4.2009 till realization. It is this part of the order which is subject-matter of this appeal. Appellants seek modification of the Tribunal’s order by claiming interest at the rate of 12% per annum from the date of application i.e. 26.6.2005 till realization. 3. The issue is no more res integra. In Tahazhathe Purayil and ors v. Union of India & anr reported in 2009 ACJ 2444 , the Tribunal had awarded interest at 6.5 per cent per annum from the date of default if the amount was not paid within the stipulated period and in appeal, the Kerala High Court refused to interfere in the said order of the Tribunal. The Apex Court in modification of the order, awarded simple interest at the rate of 6% per annum from the date of application till the date of award and thereafter at the rate of 9% per annum till the date of actual payment of compensation. Learned counsel appearing for the Railway Administration does not dispute the settled legal position. 4. In the result, impugned order is modified. It is directed that the awarded sum will carry interest at the rate of 6% per annum by simple mode from the date of application (26.6.2005) till the date of award (8.4.2009) and thereafter at the rate of 9% per annum till the date of actual payment of the same. Appeal is thus partly allowed with proportionate costs. Let the copy of this judgment and order go down.