LAWS(DLH)-2010-11-57

GAYATRI DEVI Vs. UNION OF INDIA

Decided On November 19, 2010
GAYATRI DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) C.M.16728/2008 In view of the facts given in the application and in the appeal and taking into consideration all the circumstances of the case and also noting that appellant No.2 to 5 are minors, the application is allowed and the delay is filing the appeal is condoned. FAO 396/2008 1. The only question raised by the appellants, who are the dependants of the deceased Ashok Kumar Singh who succumbed to his injuries in an untoward accident, and have been awarded compensation of ' 4,00,000/- along with interest @9% p.a. from the date of the order passed by the Tribunal till the date of actual payment is that the interest should have been awarded to them w.e.f. the date of filing of the claim petition.

(2.) THEY have made the following prayers: i. Allow the present appeal and allow interest @ 9% on the amount of impugned order/judgment dated 02.05.2008 from the date of filing of claim petition before Railway Claims Tribunal, Delhi till actual payment made by the respondent in the interest of justice. ii. Further allowed litigation costs of '15,000/- in favour of the appellants and against the respondent. iii. Any other and further order/s as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case be passed in favour of the appellant.

(3.) IN view of the aforesaid, the interest is payable to the appellants on the awarded amount of compensation @ 9 % p.a. with effect from the date of filing of the claim petition. No other relief is granted to the appellants.