J. Kameswari And Others vs Union Of India
2023 Latest Caselaw 1859 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.479 of 2016

            J. Kameswari and others                     ....         Appellants
                                              Mr. B.N. Samantaray, Advocate
                                        -versus-
            Union of India                              ....        Respondent
                                       Ms. S. Patra, C.G.C. for Union of India

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                        ORDER

28.02.2023

Order No.

09. 1. Heard Mr. B.N. Samantaray, learned counsel for the Appellants-claimants and Ms. S. Patra, learned C.G.C. for Union of India- Respondent.

2. Present appeal by the claimants is directed against the judgment dated 22.02.2016 passed in OA/IIU/2013/063 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein compensation to the tune of Rs. 4,00,000/- has been granted in favour of the claimants on account of death of the deceased in an untoward incident dated 14.09.2012.

3. The claimants in the appeal have prayed for grant of interest on the compensation amount.

4. It is seen that learned Tribunal has granted compensation of Rs.4,00,000/- as per the scheduled amount without granting any

interest. Law is now well settled in the case of Union of India vs- Rina Devi, (2019) 3 SCC 572, that the interest is payable from the date of accident. It is held by the Supreme Court that, interest can be awarded from the date of accident itself when the liability of the Railways arises up to the date of payment.

5. In the case at hand, the accident is dated 14.09.2012. Accordingly, this Court directs for payment of interest @6% per annum from the date of accident till the date of deposit of the original award amount.

6. The appeal is disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik