Ram Ratan Singh And ANR v. The Union Of India Through The General Manager East Central Railway Hajipur
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.520 of 2015 ====================================================== 1.
Ram Ratan Singh s/o Late Tengri Singh 2.
Smt. Lalti Devi w/o Sri Ram Ratan Singh Both are resident of village- Gokhulpur, PO Darwan, PS Kudra, Distt Kaimur Bihar ... ... Appellant/s
Versus
The Union Of India Through The General Manager East Central Railway Hajipur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Krishna Mohan Murari For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 08-07-2019 Heard parties.
This miscellaneous appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed against the part judgment and order dated 3.8.2015 passed in case no. OA 00204 / 2007 (Com. No.88/2007) passed by the learned member (Judicial ) of the Railway Claims Tribunal, Patna Bench at Patna by which interest has been awarded from the date of registration of application and not from the date of filing of claim application.
Claimants had filed application for grant of compensation of rupees 4 lacs on account of death of deceased in an untoward incident and tribunal by its order dated 03.08.2015 had allowed the claim case of appellant, however,
Patna High Court MA No.520 of 2015 dt.08-07-2019 2/2 interest was granted form the date of registration of claim case and not from filing of claim case.
It is now well settled preposition of law that interest on the compensation amount is granted from the date of filing of claim application till its payment.
Accordingly, the order passed by the tribunal is modified to the extent that 6 % interest on the compensation amount of rupees 4 lacs is payable from the date of filing of application till its payment.
The respondents to calculate the amount of interest and pay to the claimant within three months from the date of receipt/production of a copy of order passed by this Court. This miscellaneous appeal is allowed.
(S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.09.2019 Transmission Date NA