Madhya Pradesh High Court
Smt. Jayashree Tanwar vs Union Of India on 17 February, 2025
Author: Anuradha Shukla
Bench: Anuradha Shukla
NEUTRAL CITATION NO. 2025:MPHC-JBP:7532
1 MA-2630-2011
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 17th OF FEBRUARY, 2025
MISC. APPEAL No. 2630 of 2011
SMT. JAYASHREE TANWAR
Versus
UNION OF INDIA
Appearance:
Shri Ratnakar Prasad Mishra - Advocate for the appellant.
None for the respondent.
ORDER
This mics. appeal has been preferred on a limited issue which relates
to challenging the date from which the interest is to be calculated. In the
impugned award, the learned Tribunal had directed that the interest should be
calculated from the date of award i.e., 18/04/2009, while a request has been
made to calculate it from the date of accident i.e, 03/10/2005.
2. Admittedly, claimant had filed a claim petition for seeking compensation
for the death of her father late Shri Shyamrao Tanwar in a train accident
while travelling on 03/10/2005 by Datia - Bundelkhand Express ex Jhansi to
Gwalior. For the injuries sustained by him, he was taken to J.A. Group of
Hospital, Gwalior where he succumbed to his injuries on 05/10/2005. The
appellant, therefore, filed a claim for Rs.5,00,000/-.
3. Written statement was filed on behalf of respondent in which it was
contended that the father of deceased was not traveling as a passenger.
4. Learned Tribunal allowed the parties to prove their case through
NEUTRAL CITATION NO. 2025:MPHC-JBP:7532
2 MA-2630-2011
evidence and in the light of evidence brought on record by appellant it partly
allowed the claim petition by awarding Rs.4,00,000/- as compensation and
interest @ 7% per annum from the date of order till realisation, in case
compensation amount was not paid within two months from the date of
order.
5. In this misc. appeal, appellant is aggrieved only by the condition
imposed by the learned tribunal to calculate the interest from the date of
order instead of the date of accident.
6. Arguing on this issue, reliance has been placed on the decision of co-
ordinate Bench of this Court delivered in Rishabh Jain & Another Vs. Union
of India reported in (2012) ACJ 2344 , Doli Rani Shah Vs. Union of India
reported in AIR 2024 SC 4910 and Thazhathe Purayil and Others Vs. Union
of India & Another reported in AIR 2009 SC 3098 . It may be observed here
that in none of these judgments any legal proposition has been discussed
which requires that interest awarded on the compensation needs to be
calculated from any specific date. Appellant is claiming that this date should
be reckoned from the date of accident while the Tribunal has allowed interest
from the date of awarded in the case. In the case of Doli Rani Saha (supra)
relied upon by the appellant, the Hon'ble Apex Court had allowed the interest
on the quantified amount of compensation from the date of order of Apex
Court. This fact itself reflects that no legal proposition is in prevalence
which requires that the rate of interest should be calculated from a specific
date.
7. In the light of above legal discussion, the claim petition filed by
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3 MA-2630-2011
appellant before the Railway Tribunal also deserves an examination on
factual aspect and this shows that in the entire application no request was
made for interest on the compensation amount let alone claiming it from the
date of accident. The learned Tribunal considering the aspect of inflation
allowed the compensation alongwith interest component and this Court finds
no legal substance in the argument that learned Tribunal committed any error
in not allowing the interest from the date of accident or for that matter from
the date of filing the application.
8. This misc. appeal, therefore, being bereft of any substance is accordingly
dismissed.
(ANURADHA SHUKLA)
JUDGE
sjk
