UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER CENTRAL RAILWAY MUMBAI CST Vs. SMT. RUKMINI BAI WIFE OF LATE DAMODAR ACHARYA JOSHI AND OTHERS

JUDGEMENT

(1.) I have heard the learned Counsel appearing for the appellant. The respondents though served have remained unrepresented. This appeal by the Railways is directed against the judgment dated 17th July 2008 passed by the Railway Claims Tribunal, Bangalore Bench, in O.A. No. 53/2007.

(2.) THE sole contention urged by the learned Counsel for the appellant is that the Tribunal had erred in law in awarding interest on the compensation amount of Rs. 4,00,000/ - at the rate of 9% pa. from the date of the claim petition; it ought to have awarded interest at the rate of 6% p.a. from the date of the claim petition till the date of the judgment and at the rate of 9% p.a. from the date of the judgment till the date of actual payment. In support of his submission, he relied on a judgment of the Hon'ble Supreme Court in Thazhathe Purayil Sarabi & Ors. v. Union of India & Anr. (MR 2009 SC 3098). It is relevant to refer to para 25 of the said judgment which reads as follows: 25. We therefore, allow the appeal and modify the order of the High Court dated 24.5.2007 affirming the order of the trial Court and direct that the awarded sum will carry interest @ 6% simple interest per annum from the date of the application till the date of the Award and, thereafter, at the rate of 9%), per annum till the date of actual payment of the same.