SUBHADRA ANTHARJANAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arises for consideration in this appeal is whether the Railway Claims Tribunal was justified in refusing to award interest on the amount of compensation found payable by the respondent to the appellant/claimant.

(2.) The Tribunal while directing the respondent to pay compensation within 45 days from the date of order held that the appellant will be entitled to get interest @ 6% from the date of default of such payment. In other words, the Tribunal did not award interest to the appellant from the date of the petition, though such a claim was specifically made.

(3.) Sri M.P. Ramnath, learned counsel for the appellant submits that the order of the Tribunal to the extent it has denied interest to the appellant is manifestly illegal and unsustainable especially in view of the decision of Their Lordships of the Supreme Court in Thazhathe Purayil Sarabi and others v. Union of India and another, 2009 7 SCC 372 Learned counsel has also invited our attention to the 63rd report of the Law Commission of India apart from the provisions contained in the Interest Act, 1839.