Jharkhand High Court
Sameer Kumar Singh vs Union Of India Through The General ... on 28 November, 2016
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No.410 of 2015
Sameer Kumar Singh,
S/o Sriram Singh, R/o Village/ Mohalla - Maya Kirana
Store, F.C.I. Colony, Road No. - 9,Krishnapuri, Chutia,
P.O. & P.S. - Chutia, District - Ranchi ...... Appellant
Versus
Union of India through the General Manager, Eastern
Central Railway, Biscoman Building, Gandhi Maidan, P.O.
& P.S. - Gandhi Maidan, District - Patna
...... Respondent
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Appellant : Mr. Manish Kumar, Advocate
For the Respondent : Mr. Vijoy Kr. Sinha, A.S.C (Rly.)
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th
4/Dated: 28 November, 2016
I.A. No.364 of 2015
The above interlocutory application has been filed
under Section 5 of the Limitation Act for condoning the delay
of 157 days in preferring the present appeal.
Learned counsel for the respondent-railway has not
raised any serious objection.
Heard. Considering the reasons assigned in para - 3 of
the supporting affidavit, sufficient cause and reasonable
explanation is given, accordingly the delay is condoned.
I.A. No.364 of 2015 stands allowed.
M.A. No.410 of 2015
The instant appeal has been filed against the judgment
and award dated 18.12.2014, passed by the learned Member
(Technical), Railway Claims Tribunal, Ranchi, in Case
No.OA(iiu)/ RNC/ 2012/ 0042, whereby the appellant has
been awarded compensation of Rs.4,00,000/- without any
interest.
Learned counsel for the appellant has submitted that no
interest has been given on the compensation amount whereas
the Tribunal should have awarded interest from the date of
filing of the claim application. In support of the contention
learned counsel has relied on the decision rendered in the
case of Tahazhthe Purazil Sarabi & Ors. Vs. Union of
India & Anr., reported in (2009) 7 SCC.
Learned counsel for the respondent-railway has
opposed the prayer.
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Heard. In view of the ratio and decision rendered
passed in the case of Tahazahthe (Supra), interest on the
compensation amount is required to be paid from the date of
filing of the claim application.
Hence, the impugned judgment/ award dated
18.12.2014, passed by the learned Member (Technical), Railway Claims Tribunal, Ranchi, is modified to the extent that respondent-railway shall pay interest on the compensation amount @9 per cent per annum from the date of filing of the claim application till the realization of the amount.
With the said modification in the impugned judgment/ award, this appeal is allowed to the extent as indicated above.
(AMITAV K. GUPTA, J.) Chandan /-