SATHYA KUMARI W/O LATE JAYARAM, MANJUNATH, NARENDRA KUMAR AND SESHADRI, ALL SONS OF LATE JAYARAM Vs. UNION OF INDIA ((UOI) REP. BY THE GENERAL MANAGER CENTRAL RAILWAY

JUDGEMENT

(1.) THOUGH appeal is listed for orders, by consent of learned Advocates for parties, matter is taken up for final disposal since a short point with regard to payment of interest, alone is involved in this appeal.

(2.) FACTS in brief leading to filing of this appeal are: On 12.12.2004, first Appellant and her husband were travelling from Bangalore to Kopergaun in Swarna Jayanthi Express and when said train reached Kopergaun at Platform No. 1, said Jayaram was getting down from the train and due to sudden movement of the train he has slipped and went under the wheels of the train on account of which he sustained grievous injuries and was shifted to N.P Hospital, Kopergaun for treatment by Railway Police. However said Jayaram was declared brought dead. On account of death of said Jayaram his legal heirs namely wife and children filed application before -Railway Claims Tribunal, Bangalore Bench, II U 07/2008. Said application was resisted by Respondent railways by denying the averments made in the claim petition based on pleadings of parties, Tribunal framed following issues for its adjudication:

(3.) IN this appeal the award of interest from the date of order alone is assailed by Appellants contending that provisions of Railway Claims Tribunal Act, 1987 though does not provide for payment of interest, Tribunal has ample powers to award interest on compensation awarded by it payable from the date of petition till realisation, by contending that provisions of Code of Civil Procedure in so far as trials are concerned has been made applicable Mutatis Muntandis to trials before Tribunal and as such provision of Section 34 of Code of Civil Procedure would be applicable to the claims before Tribunal and as such interest on amount awarded by Tribunal is to be granted.