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2019 DIGILAW 434 (JHR)

Hanji Soren v. Union Of India Through The General Manager, East Central Railway, District Hajipur

2019-02-13

S.N.PATHAK

body2019
JUDGMENT S. N. Pathak, J. - This Appeal has been preferred against the order dated 19.08.2014, passed by Member (Technical), Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2011/ 0012 whereby and whereunder, learned Tribunal allowed the case of the appellants and Rs. 4 lacs was awarded as compensation and so far interest part is concerned, it was directed that if the said amount is not disbursed within three months of the judgment/ submission of accounts particular, same shall bear a simple interest @ 9 % per annum. 2. Learned counsel for the appellants has submitted that the Tribunal has committed manifest error in not granting any interest on the awarded compensation. It is argued that in similar circumstances, the Hon''ble Supreme Court in Tahazhathe Purayil Sarabi and Others Vs. Union of India and Another , (2009) ACJ 2444 had held that interest should be paid from the date of accident or the date of application. 3. Per contra, learned counsel for the respondent/Railways has contended that the present appeal for non-payment of the interest on the awarded compensation by the Tribunal from the date of application/from the date of accident is not maintainable. 4. Having heard the learned counsel for the parties and on perusal of records, it appears that the deceased was a bona-fide passenger and he died due to accidental fall which was an ''untoward incident'' as defined under Section 123 (c) of the Railways Act, 1989 and this Court is fully agrees with the findings of learned Tribunal save and except with regard to the interest. The Hon''ble Apex Court in the case of Union of India Vs. Rina Devi reported in,2018 2 JBCJ 478(SC) it has been held that interest can be awarded from the date of accident and not from the date of application. Relevant para-18 of the said Judgment is reproduced hereunder: "18. As already observed, though this Court in Thazhathe Purayil Sarabi (supra) held that rate of interest has to be at the rate of 6% from the date of application till the date of the award and 9% thereafter and 9% rate of interest was awarded from the date of application in Mohamadi (supra), rate of interest has to be reasonable rate at par with accident claim cases. We are of the view that in absence of any specific statutory provision, interest can be awarded from the date of accident itself when the liability of the Railways arises upto the date of payment, without any difference in the stages. Legal position in this regard is at par with the cases of accident claims under the Motor Vehicles Act, 1988. Conflicting views stand resolved in this manner. 5. In view of the aforesaid Judgments, the appellants are entitled for the simple interest @6% per annum from the date of accident. Respondent Railway is directed to pay the interest amount which has accrued to the appellants within a period of two months from today. With the modification of the