Kishan Singh And Ors vs U O I And Ors (2023:Rj-Jp:31284)
2023 Latest Caselaw 6269 Raj/2

[2023:RJ-JP:31284]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 3031/2008

    1. Kishan Singh S/o Shri Onkar Singh (Since Deceased)
    2. Shri Vijay Singh S/o late Shri Rajendra Singh, aged about
       23 years.
    3. Shri Niranjan Singh S/o Late Shri Rajendra Singh, aged
       about 23 years.
    4. Kumari Preeti Kanwar D/o Late Shri Rajendra Singh, aged
       about 21 years.
       All R/o village Goyala, Sarwad, Distt. Ajmer (Rajasthan)


                                                                   ----Appellant
                                    Versus
Union of India, through General Manager, Western Railway,
Church Gate, Mumbai
                                                                 ----Respondent

For Appellant(s)          :     Mr. JP Gupta
For Respondent(s)         :     Mr. Gaurav Jain



          HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

                                     Order

20/10/2023

Learned counsel appearing on behalf of the appellants does

not press the issue regarding the amount of compensation and

since contentions are limited up to the extent of interest awarded

by the Tribunal vide order dated 07.03.2008.

The Tribunal has awarded compensation amounting to

Rs.40,000/- and further directed to deposit the compensation

through Demand Draft within two months from the date of award

and if that amount is not paid then respondents were directed to

pay 7% simple interest.

[2023:RJ-JP:31284] (2 of 2) [CMA-3031/2008]

Learned counsel for the appellant further submits that this

controversy has already been settled by the Hon'ble Apex Court in

the matter of Tahazhathe Purayil Sarabi and Ors. vs. Union of

India and Anr. : 2009 ACJ 2444. He further submits that Division

Bench of this Court as well as co-ordinate Bench of this Court also

have decided the identical issues.

Learned counsel appearing on behalf of respondent submits

that the interest awarded by the Tribunal in according to the

provisions of Railway Protection Act.

Heard and perused the material available on record.

Hon'ble Apex Court in the matter of Tahazhathe Purayil

Sarabi (supra) held that the interest accrue on the compensation

amount from the date of claim application. In the matter of

Mohamadi and Ors. Vs. Union of India the Apex Court while

relying upon the judgment of Tahazhathe Purayil Sarabi and Ors

vs. Union of India and Anr. directed the respondent to pay the

interest on compensation from the date of the claim application.

In view of the above the appeal is allowed and the award is

modify to the extent that respondent are liable to pay 9% simple

interest from the date of claim till the date of payment.

(PRAVEER BHATNAGAR),J

27- Mohit Kumar

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