Allowed

Upendra Singh and Anr. v. The Union Of India Through The General Manager

Patna HC12 Apr 2019MA/10/2013

Case brief

AI extract

What is this about?

The Patna High Court allowed the appeal and directed the Railways to pay interest at 6% per annum on the awarded compensation from the date of filing the claim application till the date of actual payment.

What did the court decide?

Direction to the respondent/Railway to calculate and pay interest on the compensation of Rs. 4 lacs at 6% per annum from the date of filing the claim petition till the date of payment within three mon

Upendra Singh and Anr. Vs The Union Of India Through… — Writ and Judicial Review | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.10 of 2013

¶2

======================================================

¶3

Upendra Singh and Anr.

¶4

... ... Appellant/s

¶5

Versus

¶6

The Union Of India Through The General Manager

¶7

... ... Respondent/s

¶8

====================================================== Appearance : For the Appellant/s : Mr.Gautam Kumar Kejriwal, Adv. Mr. Alok Kumar Jha. Adv. Mr. Rahul, Adv, Mr. Atal Bihari Pandey, Adv. For the Respondent/s : Mr. Anil Singh, Adv. ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

¶10

7 12-04-2019

¶11

Heard Sri Gautam Kumar Kejriwal learned

¶12

counsel for the appellant and Sri Anil Singh learned counsel for the respondent (Railway).

¶13

The present Miscellaneous Appeal has been filed for setting aside the decision dated 09.10.2012 passed by learned Member (Technical) Railway Claim Tribunal, Patna Bench in Execution Case No. EX/PNBE/2012/20 (arising out of OA No. 00079/2001) by which Tribunal has rejected the execution of original order dated 24.10.2011 passed by the Tribunal.

¶14

Appellant had initially filed claim application before the Tribunal being O.A. Case No. 00079/2012 for payment of compensation on the ground that on 08.10.2000 the son of appellant no.1 namely Sanjay Kumar Singh had boarded Train No. 209 (Up- Howrah Darbhanga Passenger)

¶15

Patna High Court MA No.10 of 2013(7) dt.12-04-2019 2/5

¶16

from Dumari Halt for Hatidah Station which was very crowded and her son lost his balance and fell down on the railway track and was run over by the train accordingly her son met accidental death which is covered by Section 123 (C)(2) of the Railways Act, 1989. The claim of appellant was contested by Railways that occurrence was not covered by section 123 of (A)(a) to (e)of the Rail (amendment) Act 1994 or by its exception.

¶17

The learned Tribunal framed the issues involved in the claim case and on the basis of evidence furnished by the parties decided the original application by its order dated 24.10.2011 directing the respondent to pay by way of compensation a sum of Rs. 4 lacs to the appellants within a period of 2 months from the date of making available the Bank Account details by the appellants and also a direction to the respondent to pay interest @ 9 % per annum from the date of filing of the claim application till the date of payment. The appellant submitted the details of Bank Account vide letter dated 04.03.2012 to the Chief Commercial Manager, Eastern Railway Kolkata. The respondent Railways did not pay any amount to the appellants in compliance of order of Tribunal for which appellants approached learned Tribunal

¶18

Patna High Court MA No.10 of 2013(7) dt.12-04-2019 3/5

¶19

in Execution Case No. EX/PNBE/2012/20 which was filed on 04.06.2012 i.e. after one month of expiration of the period of two months from payment as directed by the Tribunal. Respondents took steps for payment of principal amount of compensation for a sum of Rs. 4 lacs to the appellants on 29.08.2012 but no interest was paid. The respondent was issued notice in the Execution Case but they did not appear before the Tribunal and did not contest the execution case. However, the learned Member (Technical) dismissed the execution petition by impugned order that appellants were negligent in furnishing the bank account details and, as such, appellants were not entitled for payment of interest as directed in the order dated 24.10.2011. Aggrieved by said order appellants have preferred this appeal.

¶20

Learned counsel for the appellant, relying on a judgment of the Apex Court, reported in (2009) 7 SUPREME COURT CASES 372 (THAZHATHE PURAYIL SARABI AND OTHERS- Versus- UNION OF INDIA AND ANOTHERS), submits that law on the point has been settled that in such claim cases, interest is required to be calculated from the date when application for

¶21

Patna High Court MA No.10 of 2013(7) dt.12-04-2019 4/5

¶22

compensation was filed.

¶23

The proposition of law, which has been settled

¶24

by the Apex court in Thazhathe Purayil Sarabi’s case (Supra) was not disputed by Sri Anil Singh, learned counsel for the respondent/Railway, but he submits that as per the judgment of the Apex Court, rate of interest would be 6% per annum from the date of filing of the claim case till the date of award.

¶25

In view of the facts and circumstances, particularly; the law laid down by the Apex Court, there is no reason to deny the prayer of the appellant.

¶26

This appeal stands allowed.

¶27

In the facts and circumstances of the present case as appellant has already received compensation amount of Rs. 4,00,000 (four lacs) , as directed by the Tribunal, the claimant shall be entitled to get interest on the compensation amount from the date of filing of the claim petition till the date of payment, which would be at the rate of 6% per annum.

¶28

Accordingly, the appeal stands allowed with a direction to the respondent/Railway to calculate the amount of interest, as indicated above, and pay the same within a

¶29

Patna High Court MA No.10 of 2013(7) dt.12-04-2019 5/5

¶30

period of three months from the date of receipt/production of

¶31

a copy of this order.

¶32

(S. Kumar, J)

¶33

Rajiv/-

¶34

Upendra Singh and Anr. v. The Union Of India Through The General Manager

Case brief

What is this about?

What did the court decide?

Upendra Singh and Anr. v. The Union Of India Through The General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mankeshwar Nath Tiwari @ Makeshwar Nath Tiwari Vs Naresh Ram and Ors.

Md. Naushad Alam and Ors. Vs Anjan Kumar Upadhyay and Ors.

Rakesh Kr. Choudhary Vs Ravindra Pd. Barnwal and Ors.

Sri Kapildeo Prasad Vs Raj Kumar Gupta and Ors.

Ajay Choudhary Vs Smt. Bibha Devi and Ors.

Bheem Prasad Vs The State Of Bihar Through Principal Secretary Public Health Engineering Department Bihar Patna and