Richa Rani v. The Union of India

counsel appearing on behalf of the respondent-railway. Re: I.A. No.4148 of 2012: This interlocutory application has been filed for condonation of delay of 7 months and 29 days in filing this appeal. It is stated by the appellant that he was minor when the claim case was filed and that he attained majority in the meanwhile. It is stated by the appellant that as he was approaching the respondent for interest that the delay had occasioned and that upon getting legal advice the present appeal was filed which has been delayed but the same is not deliberate. Having heard learned counsel for the parties and for the reasons assigned in this application the delay of 7 months Patna High Court MA No.424 of 2012 (9) dt.03-10-2013 2 and 29 days in filing the appeal is condoned. I.A. No.4148 of 2012 is allowed. Re: M.A. No.424 of 2012: This appeal under section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as ‘the Act’) is directed against the order dated 29.7.2011 passed by the Member (Judicial), Railway Claims Tribunal, Patna Bench, Patna in Claim Case No.OA-00092 of 2001 to the limited extent that the tribunal has made payment of interest conditional upon non-payment of the compensation amount by the railways within two months from the date of furnishing of the bank particulars by the appellant.

The only issue thus which has been raised in this appeal is whether the appellant was entitled to interest at all and in case he is found entitled, then the date from which the interest would accrue on the compensation amount assessed by the tribunal. It is not in dispute that pursuant to the order passed by the tribunal and upon furnishing of the bank particulars by the appellant on 14.3.2012, the respondent-railway has made payment of the compensation amount of Rs.3,60,000/- to the claimants on 15.3.2012, i.e. on the next day. Mr. Abinash Kumar has appeared for the appellant Patna High Court MA No.424 of 2012 (9) dt.03-10-2013 3 and relies upon the judgment reported in AIR 2009 SC 3098 (Thazhathe Purayil Sarabi Vs. Union of India) in support of his claim for interest from the date of filing of the claim case. He submits that an identical issue came up for the consideration before the Supreme Court and when it was held that such orders of payment of compensation being in the nature of money decree, the interest would accrue thereon from the date of filing of the claim case, if not earlier.

He submits that the Supreme Court in a matter arising out of a claim case under the Act has held the claimant entitled to interest @ 6% per annum from the date of filing of the application until the date of award and thereafter @ 9% until the date of actual payment. Mr. Singh, learned counsel for the railway has not contested the legal position as emanating from the judgment of the Supreme Court as relied upon by learned counsel for the appellant but submits that even if the appellant is entitled to any interest from the date of filing the claim case, no interest should be paid to him for the period following the award because the delay is totally attributable to the applicant himself who has chosen to furnish the bank particulars after 8 months of the order on 14.3.2012 and immediately whereafter the railway has made payment on 15.3.2012. Mr. Singh thus submits that the appellant Patna High Court MA No.424 of 2012 (9) dt.03-10-2013 4 certainly is not entitled to any interest post the award.

I have heard learned counsel for the parties and have perused the materials on record including the judgment of the Supreme Court. The legal position is not in dispute. The Supreme Court in the judgment (supra) has held that a claimant is entitled to the compensation amount on the date of filing of the claim case and his claim can not be prejudiced by the delay in its disposal. It was held that the claimant would be entitled to interest for the delay in disposal of the claim, payable from the date of filing the claim case, if not earlier. The legal position settled under the judgment is that unless the claimant is held responsible and has contributed to the delay in disposal of the claim case, he is legally entitled to interest payable from the date of filing of the claim case. In view of the judicial pronouncement, there is no confusion that the appellant in the present case certainly is entitled to interest @ 6% on the compensation amount from the date of filing of his claim case, i.e.

1.6.2001 up to the date of the order, i.e. 29.7.2011. However, since the delay thereafter is entirely attributable to the appellant who has taken 8 months to furnish the bank particulars to the railway he is not found entitled to any interest post the award. Even otherwise the Patna High Court MA No.424 of 2012 (9) dt.03-10-2013 5 payment having been made by the railways on the very next day of furnishing of the bank particulars by the appellant, no case for interest is made out from the date of the order of the tribunal. For the reasons aforementioned the order of the tribunal dated 29.7.2011 passed in Claim Case No.OA-00092 of 2001 in so far as it relates to interest stands modified by upholding the claim of the appellant for interest @ 6% on the compensation amount of Rs.3,60,000/- payable from the date of filing of the claim ,i.e. 1.6.2001 until the date of the order, i.e.