Appeal disposed of on the ratio of a similar judgment. Direction issued to pay interest at 9% per annum on the tribunal's awarded amount from the date of filing the appeal till realization.
Direction to pay interest at the rate of 9% per annum on the awarded amount from the date of filing of the appeal till actual realization.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 4476 of 2008
Date of decision : August 05, 2009
Bhupinder Kumar
Appellant
Versus
Union of India
Respondent
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present : Mr. Paul S. Saini, Advocate for the appellant
Mr. Jagdish Marwaha, Advocate for the respondent
NIRMALJIT KAUR, J. (ORAL)
Learned counsel for the appellant at the outset restricted his claim only to the grant of interest at the rate of 18% per annum from the date of filing of the claim petition till the date of payment.
Mr. Jagdish Marwaha, Standing counsel for Railways does not dispute the claim to the extent of paying interest on the awarded amount from the date of the filing of the claim petition till its realization. However, he expressed his strong reservation on the rate of interest, which should be levied. A similar stand was taken by learned counsel for the appellant before this Court in bunch of appeals decided vide order dated 17.7.2009 passed in FAO No. 110 of 2009 titled as Des Raj versus Union of India and others .
While deciding the rate of interest, this Court had held as follows in the above mentioned similar matters :-
“Taking into account the observations of the Apex Court made in the cases of Uttaranchal Transport Corporation, Tamil Nadu State Transport Corporation and the Managing Director, TNSTC (supra), wherein the interest was fixed at the rate of 7.5% per annum instead of 9% and also, at the same time, without losing sight of the fact that in the case of
FAO No. 4476 of 2008
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N. Parameswaran Pillai and Rathi Menon (supra), relating to claim under the Railways Act, 1989 and Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, entitling the appellant interest at the rate of 12% per annum, as also keeping in view the interest given by the Banks and other financial institutions, interest at the rate of 9% per annum on the compensation amount so awarded by the Tribunal from the date of filing of the claim petition till its actual realization would be just and fair.”
The present appeal is covered by the ratio of the judgment passed in FAO No. 110 of 2009.
The present appeal is, accordingly, disposed of in the same terms as FAO No. 110 of 2009 with direction to pay 9% interest on the amount awarded by the tribunal from the date of filing of the appeal till its actual realization.
(Nirmaljit Kaur) Judge
05.08.2009 reena
Colour shows how this judgement treated each authority
Des Raj versus Union of India and othersRelied on¶14
FAO No. 110 of 2009 titled as Des Raj versus Union of India and others
Uttaranchal Transport Corporation, Tamil Nadu State Transport Corporation and the Managing Director, TNSTCReferred¶16
Uttaranchal Transport Corporation, Tamil Nadu State Transport Corporation and the Managing Director, TNSTC
N. Parameswaran Pillai and Rathi MenonReferred¶16
N. Parameswaran Pillai and Rathi Menon
Bhupinder Kumar
Union of India
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
