FOOLWATI & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The only grievance is about the date of grant of interest. Learned counsel for appellant has contended that the Tribunal ought to have granted interest from the date of the filing of the petition before the Railway Claims Tribunal till the date of payment/deposit by the respondent. In support of his contention, learned counsel has relied upon the decision of Tahazhathe P. Sarabi vs. Union of India, 2009 7 SCC 372 wherein the Supreme Court has held that the applicant will be entitled to interest either from the date of accident or from the date of filing of the petition, depending upon the facts of each case. The aforesaid decision of the Supreme Court has also been followed by various learned Single Judges of this court in similar matters.

(2.) Accordingly, the appeal is allowed to the extent that appellant will be entitled to interest @ 9% p.a. from the date of filing of the petition by the appellant before the Railway Claims Tribunal till the date of payment/deposit by the respondent in terms of impugned judgment.

(3.) There is a delay of 19 days in challenging the impugned judgment.