K. Durga Rani & 3 others v. Union of India
Case at a glance
Provisions considered
Key paragraphs
- Para 44. The Hon’ble Supreme Court in a decision reported in TAHAZHATHE PURAYIL SARABI AND OTHERS VS. UNION OF INDIA (UOI) AND ANOTHER[1], wherein it is held thus: We, therefore, allow the appeal and modify the order of the High Court dated 24.5.2007 affirming the order…
- Para 55. The Civil Miscellaneous Appeal is, accordingly, allowed granting simple interest @ 6% per annum from the date of petition till the date of award. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 8th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU…
Judgment
HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.806 OF 2010 ORDER:
This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is preferred by appellants/claimants aggrieved by the order, dated 14.07.2008, in O.A.A.No.252 of 2003, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby the Tribunal awarded compensation of Rs.4,00,000/- to the claimants consequent upon the death of deceased Kosaraju Babu Rao, who is the husband of the claimant No.1 and father of the claimants 2 to 4.
At request of both the counsel, the appeal is being taken up for disposal.
The only question to be considered in this appeal is whether the claimants are entitled for simple interest @ 6% per annum from the date of petition till the date of award and thereafter, simple interest @ 9% per annum from the date of award till the date of realization.
The Hon’ble Supreme Court in a decision reported in TAHAZHATHE PURAYIL SARABI AND OTHERS VS. UNION OF INDIA (UOI) AND ANOTHER[1], wherein it is held thus:
We, therefore, allow the appeal and modify the order of the High Court dated 24.5.2007 affirming the order of the Trial Court and direct that the awarded sum will carry interest @6% simple interest per annum from the date of the application till the date of the Award and, thereafter, at the rate of 9% per annum till the date of actual payment of the same.
In view of the above decision, it is clear that the claimants are entitled for simple interest @ 6% per annum on award amount from the date of petition till the date of award and simple interest @ 9% per annum from the date of award till the date of realization.
The Civil Miscellaneous Appeal is, accordingly, allowed granting simple interest @ 6% per annum from the date of petition till the date of award. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 8th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.806 OF 2010 8th September, 2010. KL [1] AIR 2009 SC 3098
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.