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2019 DIGILAW 933 (JHR)

Arti Devi v. Union Of India

2019-04-25

S.N.PATHAK

body2019
JUDGMENT I.A. No. 6520 of 2015 1. The instant Interlocutory Application has been filed under Section 5 of the Limitation Act to condone the delay of 373 days in filing the instant appeal. Mr. Mahesh Tiwari, learned counsel appearing on behalf of the respondent has no objection, if the delay is condoned and appeal is heard on merit. Having heard the learned counsel for the parties and on being satisfied with the grounds taken in para 3 onwards of the instant Interlocutory Application, the delay of 373 days in filing instant appeal is hereby condoned. Accordingly, I.A. No. 6520 of 2015 stands allowed. M.A. No. 529 of 2015 This appeal has been preferred against the Judgment/Award dated 20.08.2014 passed by learned Member (Technical) of the Railway Claims Tribunal Ranchi Bench in Case No. OA (IIU)/RNC/2011/0059. 2. Mr. R.R. Ravi Das, learned counsel appearing for the appellants assailed the impugned Judgment/Award on the ground that the learned Tribunal has committed manifest error in not granting any interest on the awarded compensation as the Railway was directed to pay only decretal amount to the applicants within three month of submitting account details. It was further directed if the amount is not paid within three month thereafter interest will be paid at the rate of 9 % per annum simple till the date of actual payment. It is argued that in similar circumstances, the Honble Supreme Court in Tahazhathe Purayil Sarabi and Others Vs. Union of India and Another; 2009 ACJ 2444 has held that interest should be paid from the date of accident or the date of application. 3. Mr. Mahesh Tiwary, learned counsel for the respondent-Railway vehemently opposes the learned counsel for the appellants and draws the attention of the Court towards operative portion of the award i.e. para 16 of the impugned Award and submits that the learned Tribunal has already awarded 7 % interest per annum simple from the date of filing claim petition and if the amount is not paid within 3 months, thereafter interest will be payable at the rate of 9 % per annum simple till the date of actual payment. 4. 4. Be that as it may, having heard the learned counsel for the parties and after perusal of the 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. Further, the Learned Tribunal after perusal of the records and examining the evidences and after hearing learned counsel for the parties, came to a finding that the claimants are entitled for compensation and respondent -East Central Railway was directed to pay the decretal amount to the applicants Arti Devi and her minor son as per the terms and conditions laid down in award within a hereinabove till the period of 3 months of passing of this Judgment and to the parents within a period of 3 months after submitting the accounts particulars along with proportionate share of interest due on their above mentioned individual share from the date of filing claim petition at the rate of 7 % per annum simple and if the amount is not paid within 3 months, thereafter interest will be payable at the rate of 9 % per annum simple till the date of actual payment. 5. The argument advanced by the learned counsel for the appellants/claimants is totally misconceived and not accepted to this Court as the same was already decided by the learned Tribunal in para 16 of its Award wherein interest @ 7% per annum simple from the date of filing of the claim petition was allowed and the same is just and reasonable and as such, nothing remains to be adjudicated by this Court. There is no merit in the instant appeal. However, respondent-Railway is directed to pay the awarded compensation amount, if not paid, as per the terms and conditions awarded by the learned Tribunal, within a period of four weeks. 6. As a sequel of the aforesaid observation, this appeal stands dismissed.