Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 1963 (JHR)

Lakhi Devi v. Union of India through the General Manager, East Central Railway

2019-12-05

B.B.MANGALMURTI

body2019
ORDER : Heard learned counsel for the appellants as well as learned counsel for the respondent. 2. Instant miscellaneous appeal has been filed against the judgment/award dated 10th December, 2014, passed by Railway Claims Tribunal, Ranchi Bench in Case No. TAU/RNC/2003/0001, corresponding to Old Case No.TTU-30001/03, whereby compensation of Rs.4,00,000/- has been awarded in favour of the claimants along with 3% simple interest per annum from the date of filing of claim petition till the period of three months of submitting the account particulars. 3. Learned counsel for the appellants submitted that the appellants are aggrieved by the part of the order dated 10th December, 2014, passed by Railway Claims Tribunal, Ranchi Bench in Case No. TAU/RNC/2003/0001 by which compensation has been awarded with simple interest at the rate of 3% per annum from the date of filing of claim application till the period of three months of submitting the account particulars to the Railways. Learned counsel further submitted that the Tribunal in its award has found that the alleged incident took place on 12th November, 2002 and the claim application was filed on 4th January, 2003 and thus there was no delay on the part of the claimant to prefer her claim. Learned Tribunal has also held that it had taken more than eleven years ten months in making of the award and a substantial part of the delay can be attributed to the respondent, but the rate of interest is far below than the expectations. Learned counsel for the appellants has relied on the decision of the Hon’ble Supreme Court of India in the case of Tahazhathe Purayil Sarabi & Ors. Vs. Union of India and Anr., reported in (2009) ACJ 2444 and submitted that the interest awarded be enhanced from 3%. Learned counsel for the appellants also submitted that initially the claim application was filed on 4th January, 2003 before the Railway Claims Tribunal, Patna but after the creation of Railway Tribunal at Ranchi, the same was transferred to Ranchi and it took time in preparation of the award. 4. Learned counsel appearing on behalf of the respondent-Railway submitted that the learned Tribunal after considering the delay in preparation of the award has also awarded interest from the date of filing of the claim application at the rate of 3% simple interest per annum and accordingly the payment has already been made to the claimants. 5. 4. Learned counsel appearing on behalf of the respondent-Railway submitted that the learned Tribunal after considering the delay in preparation of the award has also awarded interest from the date of filing of the claim application at the rate of 3% simple interest per annum and accordingly the payment has already been made to the claimants. 5. Learned counsel for the appellants has also acknowledged the receipt of the claim amount as per the award dated 10th December, 2014. 6. The Hon’ble Apex Court in several decisions have held that when the statute has not fixed any rate of interest to be awarded on the compensation amount, the Court has to consider all the relevant factors while awarding the rate of interest on the compensation. The discretion has been granted to the Tribunal or the Court that while awarding the rate of interest they can take into account the facts and circumstances of each case and other relevant factors prevalent at the time of awarding compensation. 7. Considering the above submissions of the learned counsel for the parties as well as the decision of Hon’ble Apex Court, this Court find that there is delay in preparation of the award, as the claim application was filed in the month of January, 2003 but the same was prepared after a delay of more than eleven years which was also considered by the Tribunal. Therefore, in this circumstance the part of order of the Tribunal granting simple interest at the rate of 3% per annum is modified to 6% simple interest per annum. The rest of the order shall remain unchanged. 8. With this direction, instant appeal is allowed to the extent as indicated hereinabove. 9. The respondent-Railway is directed to make additional payment with regard to the order passed hereinabove subject to deduction of payment already made to the claimant. 10. Let a copy of this order be handed over to learned counsel for the respondent-Railways for its compliance.