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2019 DIGILAW 1774 (JHR)

Kanchan Sinha v. Union of India through the General Manager, East Central Railway, Hazipur, P. O. & P. S. Hazipur, District-Hazipur, Bihar

2019-10-21

B.B.MANGALMURTI

body2019
JUDGMENT : 1. Heard learned counsel for the appellants as well as learned counsel for the respondent. 2. Learned counsel for the appellants submitted that husband of appellant no.1 had died while travelling by rail from Dhanbad to Bermo in a Second Class General Compartment and accidently her husband fell down from running train and died on the spot. The railway ticket was recovered during preparation of inquest report. Learned counsel for the appellants further submitted that learned Tribunal has awarded compensation of Rs.4,00,000/-(Rupees Four lacs) with simple interest at the rate of 4% per annum, if the payment is made within three months from the date of judgment and thereafter it will be paid with simple interest of 9% per annum till the date of actual payment. Learned counsel for the appellants submitted that the rate of interest is very low and the tribunal should have been awarded interest at the rate of 9% per annum from the date of filing of claim application. Learned counsel for the appellants further submitted that the Tribunal ought to have been awarded interest from the date of accident but he has awarded the interest from the date of filing, which is only simple interest at the rate of 4%, although the Tribunal could have granted 12% per annum to the appellant no.1. 3. Learned counsel for the respondent submitted that the Tribunal has awarded compensation of Rs.4,00,000/-(Rupees Four Lacs) and has taken care that there was some delay on the part of claimant in preferring her claim. The Tribunal has also considered the delay in awarding compensation amount, therefore, awarded 4% simple interest from the date of filing of claim application and if the same is not paid within three months from the date of judgment then the interest would be paid at the rate of 9% simple interest per annum till the date of actual payment. 4. Considering the above submissions of the parties and on perusal of the impugned award, it appears that the Tribunal has considered that there was some delay in preferring the claim application but the delay is not much. 4. Considering the above submissions of the parties and on perusal of the impugned award, it appears that the Tribunal has considered that there was some delay in preferring the claim application but the delay is not much. The Tribunal has recorded that there is substantial delay as the Bench was not available for about three years and the delay also occurred due to laches on the part of the respondent and in this situation, the Tribunal has allowed the claim application on contest with interest but without any cost. The Tribunal has awarded lump sum amount of Rs.4,00,000/- which was to be deposited in the name of wife and two daughters of the deceased in a proportion which is mentioned in the award. The Tribunal has further awarded the simple interest at the rate of 4% per annum within the period of three months after the date of judgment on submission of accounts particulars by the applicants to the Railways and if the amount is not paid within the period of three months, simple interest will be paid at the rate of 9% per annum till the date of actual payment. 5. There is specific direction by the Tribunal that interest will be paid from the date of filing of application and if the awarded amount is paid within three months from the date of judgment, will attract simple interest at the rate of 4% and if not paid then 9% simple interest will be paid on the awarded amount from the date of application till the date of actual payment. Therefore, there is no occasion to interfere in the impugned Award. 6. It is observed that if the claim amount is not paid then it must be paid forthwith with interest awarded by the Tribunal. 7. In view of the above observations, the instant appeal is disposed of. 8. Let a copy of this order be transmitted to the court concerned.