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2015 DIGILAW 130 (CAL)

Anita Soren v. Union of India

2015-02-16

JYOTIRMAY BHATTACHARYA, TAPASH MOOKHERJEE

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JUDGMENT : Tapash Mookherjee, J. This miscellaneous appeal is directed against the Judgement and/or Award dated 20th June, 2012 passed by the learned Railway Claims Tribunal, Kolkata Bench, Kolkata in Claim Application No. OA(IIa)/Kol/2011/0063 at the instance of the claimant. 2. In this appeal a question is raised as to whether interest can be granted on the compensation to be paid by the Railway authorities to the claimant on account of accidental death of a victim even though there is no provision in the Act for grant of such interest on the compensation amount. 3. Such question is no longer res intergra as we have already decided in the earlier appeal being FMA 1081 of 2010 (Sumita Ghosh v. Union of India & Anr.) that despite there is no provision in the Act for grant of such interest on compensation but still then interest can be granted on the compensation amount from the date of presentation of the claim petition upto the date of realisation thereof, as the claimants are deprived of use of their legitimate compensation amount for a substantial period of time i.e. the date of such accident till realisation of such compensation. 4. This conclusion is arrived at by us by relying upon a decision of the Hon'ble Supreme Court in the case of Thazhathe Purayil Sarabi & Ors. v. Union of India & Anr. reported in (2009)3 WBLR (SC) 593. 5. Thus, we hold that the claimant is entitled to get interest @6% per annum on the awarded compensation from the date of presentation of the claim petition before the Tribunal upto the date of actual payment thereof. 6. The Railway Authorities are, thus, directed to pay the said interest amount to the claimant within 30 days from the date of communication of this order. Such payment should be made by Account Payee Cheque to be deposited with the Tribunal. 7. The impugned order is modified to the above extent. 8. The appeal is thus, allowed. 9. It is made clear that in the event the claimants supply the particulars of their Bank Account to the Railway Authority within a week from date, the interest amount will be deposited by the Railway Authority in the said Bank Account of the claimants within the time as fixed above. 10. 8. The appeal is thus, allowed. 9. It is made clear that in the event the claimants supply the particulars of their Bank Account to the Railway Authority within a week from date, the interest amount will be deposited by the Railway Authority in the said Bank Account of the claimants within the time as fixed above. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the Learned advocate for the appellants immediately. Jyotirmay Bhattacharya, J. - I agree.