Allowed

Sunder Bala and Anr. v. Union of India

Punjab & Haryana HC17 Feb 2010FAO/5617/2009

Case brief

AI extract

What is this about?

The High Court allowed an appeal wherein the Court held that the Railway Claims Tribunal's award was dictated by a previous decision of this Court. Consequently, the Tribunal was directed to release compensation immediately with 9% interest from the date of claim filing.

What did the court decide?

Directing the Railway Claims Tribunal to release compensation forthwith along with interest at 9% from the date of filing the claim application till realization.

Sunder Bala and Anr. Vs Union of India — Writ and Judicial Review | Punjab & Haryana HC (2010)

¶1

FAO No.5617 of 2009 (O&M).doc

¶2

- 1 –

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

¶5

FAO No.5617 of 2009 (O&M) DATE OF DECISION: 17.02.2010 ****

¶6

Smt. Sunder Bala and another

¶7

. . . . Appellants VS.

¶8

Union of India through General Manager, Northern Railway, Baroda House, New Delhi and others

¶9

. . . . Respondents

¶10

¶11

CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

¶12

¶13

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

¶14

Mrs.K.K. Kahlon, Advocate for the respondents.

¶15

¶16

RAKESH KUMAR JAIN J.

¶17

This appeal is directed against order of Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal) dated 20.10.2009 filed by the widow and son of the deceased Rajinder Kumar, who have been awarded Rs.3 lacs and Rs.50,000/-, respectively with 6% interest per annum from the date of filing of the claim application till the date of the award and further 9% interest per annum from the date of the award till the date of its realization.

¶18

The grievance of the appellants are two fold, firstly, the amount of the compensation has been ordered to be kept in the fixed deposit in a Nationalized Bank for a period of 2 years with liberty to

¶19

FAO No.5617 of 2009 (O&M).doc

¶20

- 2 –

¶21

withdraw quarterly interest and secondly the interest of 6% has been wrongly awarded from the date of filing of the claim application till the date of the award, which should have been 9% from the date of the claim application till the date of the realization.

¶22

Learned counsel for the appellants has relied upon a decision of this Court in the case of FAO No.4027 of 2008 titled as “Smt. Saroj Devi Vs. Union of India” decided on 30.3.2009 and claims that the matter is squarely covered.

¶23

I have perused the record and the order passed in FAO No.4027 of 2008 and I am of the opinion that the present appeal is squarely covered by the decision of this Court in case of FAO No.4027 of 2008 titled as “Smt. Saroj Devi Vs. Union of India” decided on 30.3.2009.

¶24

Hence, the present appeal is allowed and the Tribunal is directed to release payment of compensation forthwith along with interest @ 9% from the date of filing of the claim application till the date of realization.

¶25

February 17, 2010 vivek

¶26

(RAKESH KUMAR JAIN) JUDGE

Sunder Bala and Anr. v. Union of India

Case brief

What is this about?

What did the court decide?

Sunder Bala and Anr. v. Union of India

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

Rajinder Kaur Vs Harpal Singh

M/S Shiva Rice Indus. Vs Pb. St. Coop.. Supply and Mkt. Fed. and Anr,.

Jawala Singh Vs Election Tribunal and Ors.

Balwinder Kaur Vs Bir Bahadur Singh

Jaswant Singh Vs Po, Election Tribunal and Ors.

Rajveer Singh and Ors. Vs Sarbati Devi and Ors.