V. MALAR, W/O. LATE VENKATESH AND OTHERS Vs. UNION OF INDIA (UOI), REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY

JUDGEMENT

(1.) IN view of the limited question which has arisen for consideration, with the consent of learned Counsel on both sices, the appeal is taken up for final hearing. Learned counsel on both sides submitted that, in the facts and circumstances of the case, it is unnecessary to summon the record of the case from the Railway Claims Tribunal.

(2.) APPELLANTS were the Applicants in O.A 29/2005. on the file of Railway Claims Tribunal (for short 'the Tribunal'), Bangalore Bench, Said application was filed under Section 16 of Railway Claims Tribunal Act, claiming compensation from the Respondent -Railway Administration for the death of one Venkatesh in an untoward incident which occurred on 24.04.2004 while travelling as a passenger in a train. The application was opposed by the Respondent. Issues were framed and the matter was enquired into by the Tribunal. Keeping in view the rival contentions and upon appreciation of the record of the case, the application was allowed and the Respondent was directed to pay the compensation together with interest thereon at 9% from the date of order till the date of actual payment. The said order has not been questioned by the Respondent. This appeal is by the Applicants to modify the order passed by the Tribunal and to award interest from the date of accident till the date of order en the compensation amount determined and ordered to be paid.

(3.) HEARD the learned Counsel on both sides and perused the record. The points for determination are: 1. Whether sufficient cause for the condonation of delay in filing the appeal has been shown? 2. Whether the Appellants are entitled to be awarded interest on the determined compensation amount from the date of filing of the claim application till the date of passing of the order/award by the Tribunal?