Anwari Khatoon vs Union Of India
2012 Latest Caselaw 1987 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     FAO 322/2011

%                                            Date of Decision: 22.03.2012

ANWARI KHATOON                                             ..... Appellant
                           Through :    Mr Sanjeev Mehta, Advocate

                  versus

UNION OF INDIA                                          ..... Respondent
                           Through :    Mr Amitabh Narendra, Advocate

CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL

VEENA BIRBAL, J.(ORAL)
*

CM No. 13468/2011 (condonation of delay of 150 days in filing the appeal)

In view of the reasoning stated in the application, the delay in filing the appeal is condoned.

Application stands disposed of.

FAO No. 322/2011

1. The grievance of the appellant is that only 6% interest has been awarded by the learned Tribunal and that too from the date of the order till actual payment.

2. Learned counsel for appellant has contended that the Tribunal ought to have granted interest from date of the filing of the petition before the Railway Claims Tribunal till the date of payment/deposit by the respondent and it is also contended that interest awarded is also on lower side and at

least the interest @ 9% ought to have been awarded. In support of his contention, learned counsel has relied upon the decision of Tahazhathe P. Sarabi vs. Union of India; 2009 Vol. 7 SCC 372 wherein the Supreme Court has held that the applicant will be entitled to interest either from the date of accident or from the date of filing of the petition, depending upon the facts of each case. The aforesaid decision of the Supreme Court has also been followed by various learned Single Judges of this court in similar matters.

3. Accordingly, the appeal is allowed to the extent that appellant will be entitled to simple interest @ 9% p.a. from the date of filing of the petition by the appellant before the Railway Claims Tribunal till the date of payment/deposit by the respondent in terms of impugned judgment.

4. There is a delay of 5 months in challenging the impugned judgment. The delay has already been condoned. However, interest will not be payable for the period of delay in filing the appeal.

Appeal stands disposed of accordingly.

Dasti.

VEENA BIRBAL, J MARCH 22, 2012 kks