Jharkhand High Court
Sri Bishwanath Singh vs Union Of India on 8 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 477 of 2015
........
Sri Bishwanath Singh .... ..... Appellant
Versus
Union of India, through the General Manager,
East Central Railway, Hajipur, Bihar. .... ..... Respondent
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Ashok Kumar Singh, Advocate.
For the Respondent : Mr. Gautam Rakesh, Advocate.
........
04/08.02.2021.
Heard, learned counsel for the appellant, Mr. Ashok Kumar Singh
and learned counsel for the Railway, Mr. Gautam Rakesh.
Learned counsel for the appellant has submitted that claimant
namely, Sri Bishwanath Singh has preferred this appeal against part of the
award dated 16.01.2015 in Case No. OA (iiu)/RNC/2007/0007 passed by
learned Member (Technical), Railway Claims Tribunal, Ranchi Bench.
Learned counsel for the appellant has submitted that appeal has
been preferred against part of impugned award whereby the interest has
not been granted to the appellant, rather the learned Tribunal has granted
simple interest @ 9% per annum till the date of actual payment, if the
awarded amount is not paid within three months from the date of award
i.e. 16.01.2015.
Learned counsel for the appellant has submitted that applicant, Sri
Bishwanath Singh after purchasing the 2nd Class ticket ex-Dhanbad to
Gaya boarded the Train No.8626 Hatia - Patna Super Express at Gomoh
for going to Gaya. He fell down accidentally from the above train at
Parasnath station on 02.09.2006 and sustained injury i.e. Amputation
above knee at the level of mid-thigh right side lower limb, due to train
accident and he was declared permanent disabled vide Exhibit-A2.
Learned counsel for the appellant has further submitted that
though the claim application has been allowed by the learned Railway
Claim Tribunal by granting compensation to the tune of Rs. 3,20,000/-, but
without interest. The learned Tribunal without specifying the reason has
not granted interest from date of filing of claim application. The learned
Tribunal has also not assigned any reason against the claimant for delay as
laches on the part of the applicant, rather in view of the judgment passed
by the Apex Court in the case of Thazhathe Purayil Sarabi and others vs.
Union of Indian and another, reported in 2009(7) SCC 372. Para-38 of
the aforesaid judgment is profitably quoted hereunder:-
"38. As we have indicated earlier, payment of interest is basically
compensation for being denied the use of the money during the period
in which the same could have been made available to the claimants. In
our view, both the Tribunal, as also the High Court, were wrong in not
granting any interest whatsoever to the appellants, except by way of a
default clause, which is contrary to the established principles relating
to payment of interest on money claims."
the learned Tribunal ought to have granted interest from the date of
filing of claim application i.e. 28.12.2006 till the date of actual payment
though the judgment has been pronounced and award has been passed on
16.01.2015 (after nine years), as such, simple interest @ 7.5 % per annum
may be granted in favour of the applicant from the date of filing of claim
application i.e. 28.12.2006 till the date of indemnifying the award in view
of the judgment passed by Apex Court in the case of Thazhathe Purayil
Sarabi and others vs. Union of Indian and another (supra) at para 38.
Learned counsel for the Railway, Mr. Gautam Rakesh has submitted
that the claim application has been allowed and compensation of
Rs.3,20,000/- has already been indemnified by the railway and after
receiving the awarded amount such enhancement appeal has been
preferred, which may not be allowed.
Learned counsel for the railway has further submitted that learned
Railway Claim Tribunal has ordered that if the awarded amount is not paid
within three months from the date of award, the claimant is entitled for
simple interest @ 9% per annum till the date of actual payment, as such,
the issue which the appellant is agitated before this Court is not
sustainable in the eyes of law.
Considering the rival submissions of the parties, looking into the
fact and circumstances, it appears that accident took place on 02.09.2006,
claim application was filed on 28.12.2006 and it was decided on
16.01.2015 by awarding compensation to the tune of Rs.3,20,000/- but
without interest and if the awarded amount is not paid within three months
from the date of award, the claimant is entitled for simple interest @ 9%
per annum till the date of actual payment, but no interest has been awarded
by the learned Tribunal during the pendency of the appeal i.e. 28.12.2006
to 16.01.2015, in view of the judgment passed by Apex Court in the case
of Thazhathe Purayil Sarabi and others vs. Union of Indian (Supra)
Para-38. As such, this Court is inclined to award simple interest @ 7.5%
per annum from the date of filing of the claim application till the actual
date of indemnifying the award as no specific reason has been assigned by
the learned Tribunal for shifting onus for delay in disposal of appeal upon
the appellant / claimant.
Accordingly, the instant Miscellaneous Appeal is hereby allowed.
The Railway is directed to pay interest @ 7.5% per annum from the
date of filing of the claim application till the actual date of indemnifying
the award of Rs.3,20,000/-.
Let the L.C.R. be sent down to the court below forthwith.
(Kailash Prasad Deo, J.)
Jay/-
