Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 304 (RAJ)

Shakuntala Agarwal v. Union of India

2012-02-06

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the order dated 1st May, 2008 whereby the Railway Claims Tribunal, Jaipur Bench, decreed an amount of Rs.4,00,000/- in favour of the appellants-applicants and against the respondent-Union of India with the direction to pay the amount of compensation within a period of sixty days, failing which the respondent shall be liable to pay the interest @ 7% per annum from the date of order till its realization. 2. Learned counsel for the appellant has assailed the impugned award only on the ground of interest. He canvassed that the Railway Claims Tribunal directed the respondents to pay the amount of compensation within a period of 60 days and if the said amount was not paid within the stipulated period, the respondents shall be liable to pay the interest @ 7% per annum from the date of the order till its realization. 3. Learned counsel further canvassed that the appellants-claimants are entitled to get the interest on the amount of compensation with effect from the date of filing the claim petition whereas the impugned award suggests that if the amount of compensation is paid within the stipulated period, no accrued interest shall be paid to the claimants and if the respondents failed to pay the amount of compensation within the stipulated period, then also the respondents shall be liable to pay the interest @ 7% per annum from the date of order, till its realization. Learned counsel cited the judgment of this Court rendered in bunch of appeals and contended that the respondents-Union of India filed seven appeals impugning the judgment of the Railway claims Tribunal, Jaipur Bench, wherein the Coordinate Bench dismissed the appeals No.1008, 1011, 623, 624, 1010, 1012 and 1013 of the year 2009 and directed to pay the interest on the amount of compensation from the date of filing the claim petition. Hence, in the light of the said judgment of this Court, the appellants claimants may be held entitled to get the interest @ 7% per annum from the date of filing the claim petition till its realization. 4. Mr. Shailesh P. Sharma, learned counsel appearing for the respondents, has fairly conceded that the respondent-Railways filed the above appeals in this Court on the ground of interest only and they stood dismissed, accordingly. 5. 4. Mr. Shailesh P. Sharma, learned counsel appearing for the respondents, has fairly conceded that the respondent-Railways filed the above appeals in this Court on the ground of interest only and they stood dismissed, accordingly. 5. Having considered the submissions made by the learned counsel for the appellants and carefully perused the relevant record including the judgment of this Court passed on 23rd February, 2009 in the afore-stated bunch of appeals, it is found that the instant case is squarely covered by the above judgment and hence, in the light of the aforesaid judgment, the appellants deserve to get the interest @ 7% per annum on the amount of compensation, from the date of filing the claim petition, till its realization. 6. For the reasons stated above, the instant appeal succeeds and the impugned judgment dated 1st May, 2008, to the extent of interest, stands set aside only to the extent of order about interest. Thus, the appellants are held entitled to get interest @ 7% per annum with effect from the date of filing the claim petition, till its realization. Other terms and conditions of the award shall remain unchanged. The impugned award stands modified accordingly.