Punjab-Haryana High Court
Smt. Shakuntla Devi And Other vs Union Of India Through General Manager on 29 March, 2009
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
FAO No.3018 of 2008 -1-
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
****
FAO No.3018 of 2008 (O&M)
DATE OF DECISION: 29.05.2009
****
Smt. Shakuntla Devi and other
. . . . Appellants
VS.
Union of India through General Manager, Northern Railway, New
India
. . . . Respondent
****
CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
****
Present: Mr. Surinder Sharma, Advocate for the appellants
Mr. Kamal Sabharwal, Advocate for the respondent
****
RAKESH KUMAR JAIN J.(ORAL)
This appeal is against the order dated 14.3.2008 passed by the Railway Claims Tribunal Chandigarh, Bench Chandigarh (in short 'Tribunal'), whereby at the time of allowing claim of the appellants, it has been ordered "the respondent railways are allowed 60 days time to make payment failing which the applicants are entitled interest @ 9% per annum from the date of this order till payment is made".
The appellant are aggrieved only against the aforesaid part of the order of the Tribunal. The learned counsel for the appellants contended that the Tribunal has committed an error while passing the aforesaid order vide which if the amount awarded is paid within 60 days then no interest is to be paid and if it is not paid within 60 days then the appellant is entitled to pay FAO No.3018 of 2008 -2- 9% interest per annum from the date of order till the payment is made. It is submitted that appellants is entitled to interest from the date of filing of the claim petition till the date of realization.
This issue is no more res integra as has been held by this Court repeatedly. While allowing the claim petition of the claimants, the Tribunal should have held that the claimants are entitled to interest form the date of filing of petition till the date of realization. Learned counsel for the railways/UOI could not find fault with the submissions made by the learned counsel for the appellants.
In view of the above, the present appeal is allowed. Impugned order dated 14.3.2008 is modified only to the extent that the appellants shall be entitled to interest from the date of filing of the claim petition till the date of realization @ 9% per annum.
MAY 29, 2009 (Rakesh Kumar Jain)
Shonkar
Judge