LAXMI DEVI & ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT is an appeal under Section 23 of the Railways Claims Tribunal Act, 1987 against the judgment dated 05.05.2010 passed by the Railway Claims Tribunal, Principal Bench, New Delhi, in O.A. No. 65/2004. By the aforesaid judgment, the Railway Claims Tribunal has awarded compensation of Rs.4 lakhs to the appellants along with interest therein @ 9% per annum from the date of order till realization of amount. The grievance of the appellants is that the Railway Claims Tribunal (hereinafter referred to as the Tribunal) ought to have granted interest from the date of claim application. In support of his contention, learned counsel for appellants has placed reliance on the orders passed by this court in FAO Nos. 125/2011 and 241/2011 wherein the respondents have been directed to pay interest from the date of filing of the claim application before the Tribunal.

(2.) THE learned counsel for the respondent has submitted that in the present case interest is not awarded from the date of filing of the claim application because delay has been caused by the appellants in disposal of the claim application. It is contended that number of times amendment applications were moved by the appellants for making correction in the claim application and many times the appellants did not appear before the Tribunal as a result of which, delay has been caused in the disposal of the claim application and for the said delay the respondents could not be held liable by paying interest to the appellants.

(3.) I have heard the counsel for parties and perused the record of the Tribunal.