NALINI Vs. UNION OF INDIA

JUDGEMENT

(1.) AN unfortunate mother applied for compensation of Rs. 4,00,000 with interest for the death of her son while travelling as a bona fide passenger on 3. 3. 2005. The Claims Tribunal found that she is entitled to compensation and she was a dependent parent and compensation of Rs. 4,00,000 was awarded as provided under the Railway Accidents and Untoward incidents (Compensation) Rules, 1990, but interest was awarded if the amount is not paid within a period of 45 days after passing of the award. Claim of the appellant is that the amount payable for the death of a passenger is fixed and, therefore, compensation is payable by the Railways on the date of accident itself and the interest is payable from the date of accident. Learned counsel for appellant also relied on section 4-A of the Workmen's Compensation Act wherein it is stated that compensation is payable from the date when compensation is due and the date when the accident occurred. Standing counsel for the Railways submits that no interest is provided under the Railways Act or Rules and, therefore, no interest is payable. In Motor Vehicles act, there is provision for payment of interest. But, the Hon'ble Supreme Court has held that interest is payable from the date of application. Taking that analogy, we are of the view that interest is payable from the date of application. Award is modified and respondents are directed to deposit the amount ordered with 6 per cent interest from the date of application till its deposit after deducting the amount already deposited. Appeal allowed.