Jharkhand High Court
Dinesh Prasad Roy vs Union Of India Through The General ... on 18 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 469 of 2014
1.Dinesh Prasad Roy
2.Smt. Prema Devi .... .. ... Appellant(s)
Versus
Union of India through the General Manager, North Central Railway, Allahabad,
Uttar Pradesh PIN- 211033.
.. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Ashok Kr. Singh, Advocate.
For the Respondent : Mr. Vijoy Kr. Sinha, Advocate
..........
04 / 18.01.2021. Heard, learned counsel for the parties.
The appellants being the claimants have preferred this Misc. Appeal
for enhancement of the Award dated 20.06.2014 passed by learned Railway
Claims Tribunal, Ranchi Bench, in Case No.TAU/RNC/2005/0042 (Check List
No.2912050004) on the ground that though the claim application has been
allowed by granting compensation to the tune of Rs.4 Lacs in view of the Railway
Accidents and Untoward Incident (Compensation) Rules, 1990, but without
interest contrary to the judgment passed by the Apex Court in the case of
Thazhathe Purayil Sarabi and others vs. Union of India and another, reported in
2009(7) SCC 372.
Learned counsel for the appellants has submitted that the incident took
place on 13.07.2005, the claim application was filed on 30.12.2005, the matter was
adjudicated and decided on 20.06.2014, but the learned Tribunal has not granted any
interest rather the learned Tribunal has granted interest @9% per annum, if the
amount is not paid within three months from the date of order i.e. 20.06.2014.
Learned counsel for the appellants has further submitted that amount of award
has already been paid on 14.11.2014, but it was incumbent upon the learned Tribunal
to grant interest in view of the judgment passed by the Apex Court in the case of
Thazhathe Purayil Sarabi (supra), as Apex Court has held that payment of
interest is basically compensation for being denied the use of money during the
period in which the same could have made available to the claimants, as such, the
instant Misc. Appeal may be allowed.
Learned counsel for the respondent/Railway has submitted that the entire
amount of compensation has already been disbursed by indemnifying the Award
on 14.11.2014 in terms of the Award passed by the learned Tribunal, as such, this
Court may not interfere with the same.
Considering the rival submissions of the parties and looking into the facts
and circumstances of the case as well as the ratio laid down by the Apex Court in
the case of Thazhathe Purayil Sarabi (supra), this Court is inclined to grant
interest @7.5% from the date of filing of the claim application i.e. 30.12.2005 till
the date of actual payment i.e. 14.11.2014, as no contrary evidence has been
brought on record by the Railway that the original case/claim application
remained pending before the learned Tribunal because of the laches on the part of
the claimants.
Under the aforesaid circumstances and in absence of any such evidence, this
Court is inclined to award interest @7.5% from the date of filing of the claim
application i.e. 30.12.2005 till the date of actual payment i.e. 14.11.2014 on the
awarded amount of Rs.4 Lacs, in view of the judgment passed by the Apex Court
in the case of Thazhathe Purayil Sarabi (supra).
Accordingly, the instant Misc. Appeal stands allowed.
It is expected that railway shall comply the aforesaid judgment within a
reasonable period as the unfortunate incident occurred on 13.07.2005.
Let L.C.R. be sent down to the court below at once.
(Kailash Prasad Deo, J.)
Sandeep/
