SMT. MAINI DEVI W/O LATE SH. KAILASH CHAND AND BABY SUNITA D/O LATE SH. KAILASH CHAND Vs. UNION OF INDIA (UOI) THROUGH GENERAL MANAGER, NORTHERN RAILWAYS

JUDGEMENT

(1.) APPELLANT has filed this appeal challenging the judgment dated 11th July, 2008 of Railway Claim Tribunal, Delhi (for short as "Tribunal"), on limited ground, that Tribunal ought to have awarded interest @ 12% per annum on compensation amount and that too from date of the accident, that is, 11th June, 2006 or from date of filing of claim petition.

(2.) VIDE impugned judgment, Tribunal awarded compensation to appellants to the tune of Rs. 4,00,000/ - along with interest @ 9% per annum from the date of order (11th July, 2008) till the date of actual payment.

(3.) IT is not in dispute that Section 34 of the Code, is applicable to the claims, made before the Tribunal. That being so, there is no reason why appellants be denied interest from the date of filing of the claim petition. In M.Thankaraj (supra), it has been laid down that;