Foolwati & Ors vs Union Of India
2012 Latest Caselaw 3367 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              FAO 187/2012

%                                       Date of Decision: 18.5.2012

FOOLWATI & ORS                                          ..... Appellants
                            Through :   Mr.Anshuman Bal, Advocate

                   versus

UNION OF INDIA                                             ..... Respondent
                            Through :   Mr. Sanjay Kumar Singh for
                                        Mr.Jitendra Singh, Advocate

CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL

VEENA BIRBAL, J.

* FAO No. 187/2012

1. The only grievance is about the date of grant of interest. Learned counsel for appellant has contended that the Tribunal ought to have granted interest from the date of the filing of the petition before the Railway Claims Tribunal till the date of payment/deposit by the respondent. 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.

2. Accordingly, the appeal is allowed to the extent that appellant will be entitled to 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.

3. There is a delay of 19 days 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.

VEENA BIRBAL, J May 18, 2012 ssb