Railway tribunal not granted interest from the date of petition on the awarded compensation - Claimant is entitled for interest on the award from the date of presentation of petition= ARUNA SINHA AND 2 OTHERS VS UNION OF INDIA, REP.BY GM, SC RLY, SECUNDERABAD. - http://hc.ap.nic.in/csis/MainInfo.=CMA&mno=686&year=2013

Railway tribunal not granted interest from the date of petition on the awarded compensation - Claimant is entitled for interest on the award from the date of presentation of petition=

In the unreported judgment of the Hon’ble Supreme Court in Civil Appeal No.3658 of 2009(arising out of SLP(Civil) No.26654 of 2008 dt.14.05.2009), 

wherein the Hon’ble Supreme Court directed that the amount awarded as compensation by the Railway Claims Tribunal under the Act shall carry interest from the date of presentation of the claim petition at 6% per annum and from the date of award, till the date of realisation at 9% per annum.

CMA 686 / 2013

CMASR 26206 / 2008

PETITIONER RESPONDENT ARUNA SINHA AND 2 OTHERS   VS UNION OF INDIA, REP.BY GM, SC RLY, SECUNDERABAD. PET.ADV. : KRISHNA PRASAD RESP.ADV. : CHOWDARY SUBJECT: RAILWAY CLAIMS TRIBUNAL DISTRICT:  HYDERABAD

THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

CIVIL MISCELLANEOUS APPEAL No.686 of 2013

Date: 02.09.2013

Between:

Aruna Sinha

and two others.                                                       … Appellants

AND

Union of India

Rep. by the General Manager,

South Central Railway, Secunderabad.                … Respondent

Counsel for Appellants           : Sri T. L. Krishna Prasad

Counsel for Respondent                   : Sri  B.H.R. Chowdary

The Court made the following:
JUDGMENT:

          This appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987(for short “the Act”). The only ground on which this appeal is filed is that the Tribunal whose order is impugned herein has not granted interest to the appellants from the date of filing of the claim petition before it and has only granted interest if the respondent did not deposit the compensation awarded within 60 days in the State Bank of Hyderabad, South Lallaguda Branch, Secunderabad.

2.       Heard the learned counsel for appellants and the learned counsel for respondent.

3.       The learned counsel for appellant has placed before me the judgment dt.15.10.2009 in C.M.A.No.1030 of 2009 wherein this Court followed the unreported judgment of the Hon’ble Supreme Court in Civil Appeal No.3658 of 2009(arising out of SLP(Civil) No.26654 of 2008 dt.14.05.2009), wherein the Hon’ble Supreme Court directed that the amount awarded as compensation by the Railway Claims Tribunal under the Act shall carry interest from the date of presentation of the claim petition at 6% per annum and from the date of award, till the date of realisation at 9% per annum.

4.       The learned counsel for respondent also admitted that this is the legal position flowing from the decision of the Hon’ble Supreme Court referred to Supra.

5.       Following the above decision of the Hon’ble Supreme Court and this Court’s decision dt.15.10.2009 in C.M.A.No.1030 of 2009, this appeal is allowed directing that the amount awarded as compensation by the Tribunal in favour of appellants shall carry interest @ 6% per annum from the date of registration of the claim petition till the date of award and thereafter @ 9% per annum till the date of realisation.

6.       Accordingly, this appeal is allowed with the above direction. Miscellaneous applications pending, if any, in this appeal shall stand closed. No costs.

___________________________

M.S.RAMACHANDRA RAO, J

Date: 02.09.2013

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