Manepalli Satyavathi v. The Union Of India,

THE HON'BLE SRI JUSTICE S. RAVI KUMAR CMA No.94 of 2014 Date:19.08.2016 Between:

Manepalli Satyavathi and others.

... Appellant.

AND The Union of India rep by its General Manger, South Central Railway, Secunderabad.

...Respondent.

The Court made the following :

THE HON'BLE SRI JUSTICE S. RAVI KUMAR CMA No.94 of 2014 JUDGMENT:

This appeal is preferred by the claimants, questioning interest part, against order dated 21-07-2010 in OAA No.194/2004 on the file of Railway Claims Tribunal, Secunderabad Bench. 2.

Appellants herein submitted application under Section 16 of Railways Act read with Sections 124, 124A of Railways Act contending that deceased Manepalli Apparao died in an untoward incident of fall from a train while traveling in Train No.180-Passenger on 25-04-2004 from Visakhapatnam to Kakinada. Claims Tribunal, considering the material on record, recorded a finding that deceased was a bonafide passenger and died in an untoward incident of accidental fall while traveling in Train No.180 on 25-04-2004 and granted compensation of Rs.4,00,000/-. The Tribunal granted interest at 6% per annum from the date of order till actual payment. Now aggrieved in not granting interest from the date of application, appellants preferred the present appeal.

3.

Heard both sides.

4.

There is no dispute that as per settled law, the claimants are entitled for interest at the rate of 6% per annum from the date of application till date of order and thereafter at 9% till payment.

5.

The appellant relied on a decision of Hon'ble Supreme Court in TAHAZHATHE PURAYIL SARABI V. UNION OF INDIA1, wherein it is held that the claimants are entitled for interest at the above indicated rates.

6.

Considering the submissions of both sides and following the above referred Hon'ble Supreme Court decision, the appeal is partly allowed modifying the rate of interest payable on the compensation amount. Claimants are entitled for interest at 6% per annum from the date of application till date of award and thereafter at 9% till payment and the Railways shall pay the difference amount within two months.

7.

As a sequel, miscellaneous petitions, if any, pending in this appeal, shall stand dismissed. No costs.

_________________________ JUSTICE S. RAVI KUMAR Date:19.08.2016 mrb 1 (2009) 7 SCC 372