Patna High Court · 2012

.... .... Respondent =========================================================== Appearance : For the Appellants : Mr. Anant Kumar-1, Advocate For the Respondent : Dr. Kumar Uday Pratap, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL JUDGMENT Date: 13-03-2012 This appeal is directed against the order dated 29th of February, 2008 in Claim Application No.OA 00150/2004 passed by the Railway Claims Tribunal, Patna Bench, Patna (hereinafter referred to as `the Tribunal’), whereby a compensation of Rs.4,00,000/- (Four lac) was allowed on an application of the claimants filed under section 125 of the Railway Act, 1989, read with section 16 of the Railway Claims Tribunal Act, 1987 for the death of Dhanwarti Devi’s husband Bulaki Mahto in an untoward incident while travelling by a 2 Patna High Court MA No.105 of 2011 dt.13-03-2012 train from Rajgir to Gulzarbagh on 4.6.2004 on a valid ticket. The husband of the applicant-Dhanwarti Devi fell down at Gulzarbagh Railway Station as he was to alight due to the impact of a sudden jerk and died on the spot.

The Tribunal allowed the compensation of Rs.4,00,000/- (Four lac) and directed for payment in the manner as indicated in paragraphs 19 and 20 of the order under appeal. The Tribunal while allowing the aforesaid amount of compensation, however, directed that in case the compensation amount is not paid within a period of two months from the date of the order, claimants/dependents will be entitled to the interest at the rate 9 per cent per annum from the date of the order till its realisation.

Learned counsel appearing for the appellants submits that the Tribunal while allowing compensation ought to have allowed the interest for the period from the date of filing of the application till the date of payment. The said claim application was filed on 25th of October, 2004 and the same was disposed of on 29th of February, 2008. It is further submitted that no reason has been assigned for depriving such interest for the aforesaid period when the proceeding remained pending for disposal without any fault on the part of the claimants.

Dr. Kumar Uday Pratap, learned counsel for the 3 Patna High Court MA No.105 of 2011 dt.13-03-2012 respondent-Railway submits that the compensation amount allowed by the Tribunal has been paid within the time indicated in the order and as such, the claimants are not entitled for further interest.

Considering the rival submissions of the parties, I find that no reason has been assigned as to why the claimants would be deprived of the interest for the period the proceeding remained pending for no fault of theirs. There is nothing on the record to suggest that the proceeding remained pending or disposal of the proceeding was delayed, which could be attributed on the part of the appellants.

In the above circumstances, in the opinion of the Court, it would be just and proper that the claimants be allowed interest at the rate of 9 per cent per annum from the date of filing of the application i.e., 25th of October, 2004 till the date of payment of compensation, as allowed by the Tribunal. I order accordingly. The amount of interest for the aforesaid period be paid to the appellants (claimants) within a period of three months from today.