Union of lhdia v. Petition under O.der 47 Rule 'l FVw. Section 114 of CPC praying

filed in support thereof and upon hearing the arguments of Sri A.K.Kishore Reddy, Advocate for the petitioners and of Sri I H.R.Chowdary, Advocate for the Respondent. The Court made the following Order - This application is filed to review the order passed by this Court in C.M.A.No.2 of 2006, dated 30.06.2009, whereunder the interest was allowed only from the date of Award by relying upon the judgment of the Division Bench of this Court in a case of Union of lndia Vs. Konduru Venkata Reddyl. This petition has been filed saying that this Court has passed orders confining the interest from the date of Award ignoring the decision of Apex Court in Civil Appeal No.3658 of 2009. ln the judgment of lhe Supreme Court relied upon by tlre counsel for petitioners i.e. Sri A K.Kishore Reddy which is the foundation for review. the principle laid down is as follows:- '2ooa{sl ^r,T r72 (D.B n/ /t // / ''37 Even if the appellants may not be entitled to claim interest from the date of lhe a.cident, we are of the view that the claim to interest on the awarded sum has to be allowed from the date of the application till the date of recovery, since the appellant cannot be faulted for the delay of approximalely eight years in making of the award by the Railway Claims Tribunal.

Had the Tribunal not delayed the matter for so long, the appellants would have been entitled to the beneficial interest of the amount awarded from a much earlier date and we see no reason wlly they should be deprived of such benefit. 38. As we have indicated earlier, payment of interest is basically compensation for being denied the use of the money during the period in which the same cauld have been made available to the claimants. ln our view, both the Tribunal and also the High Court, were wrong in not granting any interest whatsoever to the appellants, except by way of a default clause, which is contrary to the established principles relating to payment of interest on money claims. " A readinsJ of the above two paragraphs would make it clear that the normal rule for granting interest is from the date of petition and in exceptional cases, even from the date of accident. ln the presenl case, the interesl is granted from the date of Award only.

The Railway Claims Tribunal, Secunderabad Bench at Secunderabad.

One CC to Sn A.K.Kishore Reddy, Advocate (OPUC) 3 One CC to Sri B.H.R.Chowdary, Advocate (OPUC) 4. Two CD Copies 5. One Spare Copy Kj #r HIGH COURT DATED:10/06/2022 ORDE:R l.A.No.2 of 2009 IN CMA.No.2 of 2006 ALLOWING 'I'HE IA. I 4) I