Allowed

Kiran Yadav and Ors. v. Union of India

Punjab & Haryana HC19 Aug 2009FAO/3510/2008

Case brief

AI extract

What is this about?

The Court allowed the appeal modifying the Railway Claims Tribunal award. It directed that interest on the compensation amount be awarded from the date of application at 9% p.a., following recent precedents, and ordered the release of funds to adult minors' family members.

What did the court decide?

Interest on award to be paid from date of application @ 9% p.a.; Impugned award modified to reflect this; Amount released to adult appellants.

Kiran Yadav and Ors. Vs Union of India — Banking and Recovery | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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F.A.O No.3510 of 2008

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Date of Decision: 19.08.2009

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Smt. Kiran Yadav and others

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....Appellants

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Versus

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Union of India through the General Manager, Northern Railway, New Delhi.

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...Respondent

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CORAM : Hon'ble Ms. Justice Nirmaljit Kaur

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Present:Mr. Namit Sharma, Advocate for the appellants.

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Mr. H.S. Sirohi, Advocate for Mr. D.D. Sharma, Advocate for the respondent.

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Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J.

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Prayer in the present appeal is for modification of the award dated 19-08-2008 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, vide which the interest has been awarded from the date of the award instead of the date of the application.

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It is now settled by this Court as well as by the Hon'ble Apex Court, in the case of N. Parameshwaram Pilliai vs. Union of India 2002 ACJ 840 (SC) that the interest has to be awarded from the date of the application. With respect to the rate of interest, this Court in FAO No.110 of 2009, decided on 17-07-2009 disposed of a bunch of similar matters,

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F.A.O No.3510 of 2008

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-2-

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wherein, interest @ 9% p.a., on the compensation amount so awarded by the Tribunal, was held to be fair and just.

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In view of the present case being covered by the judgment of Hon'ble the Apex Court in a case titled as N. Parameshwaram Pilliai as well as FAO No.110 of 2009, decided on 17-07-2009 of this Court, the present appeal is also disposed of with a direction that the interest on the amount awarded, shall be paid from the date of the application @ 9% p.a.

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It is further stated by learned counsel for the appellants that appellants No.1, 2 and 3 are adults, as such, the amount awarded and ordered to be kept in the fixed deposit by the Tribunal, be released.

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I see no reason as to why the amount awarded should not be released to the appellants No.1 to 3 being adults. It is ordered accordingly. The impugned award dated 19-08-2008 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh, is modified in the above terms.

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Appeal is allowed in the above terms.

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(NIRMALJIT KAUR) JUDGE

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19.08.2009 gurpreet

Kiran Yadav and Ors. v. Union of India

Case brief

What is this about?

What did the court decide?

Kiran Yadav and Ors. v. Union of India

Case brief

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