The Court allowed an appeal against a Railway Claims Tribunal order, modifying it to grant interest on death compensation at 6% p.a. from the date of accident till the order date, and 9% p.a. thereafter till realization, relying on settled Supreme Court law.
Interest granted at 6% p.a. from date of accident till order, and 9% p.a. thereafter till realization.
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HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL No.1271 OF 2011 Dated 21st July, 2016
Between:
G.Yelisamma and others.
..Appellants.
And:
Union of India, represented by its General Manager, South Central Railway, Secunderabad.
..Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL No.1271 OF 2011 JUDGMENT:
This appeal is preferred questioning order dated `12-2-2009 in O.A.A.No.188 of 2004 on the file of Railway Claims Tribunal, Secunderabad.
Appellants herein preferred claim under Section 16 of Railway Claims Tribunal Act, 1987 read with Section 124 and 124-A of Railways Act, 1989 for the death of G.Paul Kennedy in an untoward incident of accidental fall from train on 22-4-2004 while travelling from Visakhapatnam to Tuni. Railway Claims Tribunal on considering the oral and documentary evidence of claimants and railways, granted compensation of Rs.4,00,000/- accepting the version of claimants that the deceased while travelling from Visakhapatnam to Tuni, fell down between Gullipadu-Tuni railway stations.
Now the grievance of the claimants is that the Railway Claims Tribunal has not granted interest on the compensation amount as per settled law.
Advocate for appellants submitted that as per settled law, claimants are entitled for interest at 6% p.a., from the date of accident till the date of order and thereafter at 9%
p.a., from the date of order till the date of realization, but the claims tribunal granted interest only from the date of order till payment and the order of the railway claims tribunal has to be modified by granting interest at 6% p.a., from the date of accident, till the date of order and thereafter at 9% p.a., from the date of order till realization.
To support his argument, he relied on the judgment of Supreme Court in THAZHATHE PURAYIL SARABI AND OTHES v. UNION OF INDIA AND ANOTHER ([1] ).
In view of the above referred judgment, claim of appellants is to be accepted.
Accordingly, appeal is allowed modifying the order of the Claims Tribunal by granting interest at 6% p.a., from the date of accident, till the date of order and thereafter at 9% p.a., from the date of order, till the date of realization. No costs.
As a sequel to the disposal of this appeal, Miscellaneous Petitions, if any, pending, shall stand dismissed.
____________________ JUSTICE S.RAVI KUMAR
Dated 21st July, 2016. Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR
CIVIL MISCELLANEOUS APPEAL No.1271 OF 2011
Dated 21st July, 2016
Dvs
2 issues framed by the court
Whether the Railway Claims Tribunal was justified in granting interest only from the date of the order instead of from the date of the accident.
Whether interest at 6% per annum from the date of accident till the date of order and 9% per annum thereafter should be granted in railway accident compensation cases.
Colour shows how this judgement treated each authority
THAZHATHE PURAYIL SARABI AND OTHES v. UNION OF INDIA AND ANOTHERApplied¶14
(2009) 7 SCC 372 · Who else cites this
2 provisions across 2 enactments
G. Yelisamma and others
Union of India
S. Ravi Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
