Laviya Devi vs Union Of India Through The General ...
2022 Latest Caselaw 2402 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  M.A. No. 170 of 2017
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        Laviya Devi.....                                 Appellant(s).
                                       Versus
        Union of India through the General Manager,
        Eastern Railway, Kolkata...                    Respondent(s)
                                             ----

        CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                                          -----
        For the appellant(s):       Mr. Shubham Mishra, Advocate.
        For the respondent:         A.C. to ASGI.
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14/04.07.2022:       This appeal has been filed by the claimant for grant of interest which

has not been awarded while awarding compensation vide Award dated 29.10.2015 passed in O.A (IIU)/RNC/2014/0035 by the Railway Claims Tribunal, Ranchi Bench, Ranchi.

2. Counsel for the appellant submits that only on the ground of delay of four years three months in filing claim case before the Tribunal, the Tribunal did not grant any interest. He further submits that the accident had occurred on 14.5.2007, thereafter the claim case was filed before the Railway Claims Tribunal, Kolkata in the year 2008 and the same was pending till 29.5.2012. He further submits that only on 29.5.2012, the Railway Claims Tribunal, Kolkata dismissed the Claim Case No. O.A. (IIu)/82/2008 on the ground that it lacks territorial jurisdiction after condoning the delay. He further submits that thereafter the present claim case was filed before the Railway Claims Tribunal at Ranchi being O.A (IIU)/RNC/2014/0035. Since the delay was condoned, the appellant prays for grant of interest on the amount of compensation, so assessed.

3. Counsel appearing for the Union of India submits that the amount of compensation has already been paid and admittedly there was delay in filing the claim application before the Railways Claims Tribunal, Ranchi, thus, the interest on the awarded amount of compensation may not be granted.

4. The issue involved in this case is as to whether the claimant is entitled for grant of interest on the compensation amount or not and as to whether the Tribunal has committed illegality by not granting interest. Whether the Tribunal has power to grant interest or not, has already been set at rest by the Hon'ble Supreme Court in the case of Thazhathe Purayil Sarabi and Others Vs. Union of India and Another reported in (2009) 7 SCC 372. In the said judgment the Hon'ble Supreme Court has held that the Tribunal has jurisdiction to grant interest. A claim case is in fact a money claim. In a money claim, the claimant is entitled for interest on the awarded amount. The judgment

of the Hon'ble Supreme Court was passed after considering the judgment of Hon'ble Supreme Court passed in the case of Jagdish Rai and Bros. Vs. Union of India reported in (1999) 3 SCC 253 and in the case of Hindustan Construction Co. Ltd. Vs. State of J&K reported in (1992) 4 SCC 217.

5. In the instant case, the interest was refused on the ground that there was delay in filing the claim application before the Railway Claims Tribunal, Ranchi. No doubt, if the filing of claim application is taken into consideration from the date when the application was filed before the Railways Claims Tribunal, Ranchi, there was delay, but the fact which cannot be lost sight of is that the claimant had immediately filed a claim application before the Railway Claims Tribunal, Kolkata, claiming compensation. Thus, it cannot be said that there was laches on the part of the claimant in filing the claim application. The claimant being a poor lady, from a distant village in the district of Pakur, is not supposed to know as to where the claim applicaiton has to be filed. She approached the Railway Claims Tribunal, Kolkata. Thus, this Court is of the opinion that the claimant is entitled for interest @ 7% per annum on the amount of compensation, so awarded from the date of filing of claim application before the Tribunal till 29.5.2012 i.e. date when the claim application being O.A. (IIu)/82/2008 was dismissed on the ground of lack of jurisdiction and also from the date of re-filing of claim application before the Railway Claims Tribunal, Ranchi till the amount was paid.

6. The interest should be calculated by the Tribunal and the same should also be paid to the claimant within 12 (twelve) weeks from today.

7. With the aforesaid observation and direction, this appeal stands disposed of.

Anu/-CP.2                                                     (ANANDA SEN, J.)