Patna High Court · 2012

.... .... Respondent =========================================================== Appearance : For the Appellants : Mr. Anant Kumar-1, Advocate For the Respondent : Mr. Hemendra Prasad Singh, Senior Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL JUDGMENT Date: 13-03-2012 This appeal is directed against the order dated 31st of March, 2009 in Claim Application No.OA 00203/2004 passed by the Railway Claims Tribunal, Patna Bench, Patna (hereinafter referred to as `the Tribunal’), whereby the claimant’s application claiming compensation of Rs.4,00,000/- (four lac) filed under section 125 of the Railway Act, 1989 read with section 16 of the Railway Claims Tribunal Act, 1987 was allowed.

The claim was filed on account of an untoward incident occurred on 14.11.2004 in which the son of the claimant died while travelling in Train No. 3231 Up (Howrah Danapur Express) 2 Patna High Court MA No.111 of 2011 dt.13-03-2012 from Patna Sahib to Patna Junction. The Tribunal allowed the claim of Rs.4,00,000/- (four lac) and directed the Railway Administration to make payment of the aforesaid amount to the claimant within a period of two months, failing which interest at the rate of 9 per cent per annum would be payable from the date of filing of the application till payment.

Learned counsel for the appellants submits that the Tribunal while allowing compensation ought to have allowed the interest from the date of filing of the application till the date of payment and not that the interest would carry from the date of filing of the application only in case the compensation amount is not paid within a period of two month. It is further submitted that the Tribunal has assigned no reason for passing such order depriving the payment of interest on the compensation amount from the date of filing of the application inasmuch as the proceeding of claim application was pending for a quite long time for which there is no fault on the part of the claimant.

Mr Hemendra Prasad Singh, learned counsel appearing on behalf of the Railway Administration submits that the interest at the rate of 9 per cent per annum was allowed on the compensation amount provided the said amount is not paid within a period of two months. Since the amount of compensation has been paid as directed the Tribunal, the claimant is not entitled for interest 3 Patna High Court MA No.111 of 2011 dt.13-03-2012 on the compensation amount from the date of filing of the application.

Considering the rival submissions of the parties, as noticed above, it appears that the only controversy is with regard to the interest. On perusal of the impugned order or the order under appeal, it appears that the same does not assign any reason for depriving the claimant of the interest for the period the claim application remained pending for adjudication by the Tribunal. In the absence of any delay caused by the applicant in disposal of the claim application, depriving the interest pendent lite i.e., for the period the proceeding remained pending, is not justified.

Accordingly, this Court directs the respondent- Railway Administration for payment of interest at the rate of 9 per cent per annum from the date of filing of the claim application i.e., 31st of December, 2004 till the date of payment of the compensation amount of Rs.4,00,000/- (four lac), as directed by the Tribunal as per its order dated 31.3.2009. Such interest amount shall be paid within a period of three months from today.