UNION OF INDIA Vs. PREMLATA PANKAJKUMAR SHAH

JUDGEMENT

(1.) ON 05 -02 -2000, while Pankajkumar Rupchand Shah was travelling from Palanpur to Falna by Bandra -Bikaner Express, he fell down from the train near Maval Station and died on the spot. On account of the death of deceased Pankajkumar Rupchand Shah, his heirs preferred claim petition being Case No. TA0100004 before the Railway Claims Tribunal claiming compensation from the Railways. By judgment and order dated 14 -02 -2007, the Tribunal allowed the petition and awarded interest from the date of the petition till realization. Being aggrieved by the interest part of the order, the appellant Railways is in appeal under Section 23 of the Railway Claims Tribunal Act, 1987.

(2.) IT is contended by the learned Advocate Ms. Vasavdatta Bhatt on behalf of the appellant Railways that the Tribunal has in some cases awarded interest from the date of the petition till realization and in some cases, it has also awarded interest from the date of the award till realization. This lacunae is glaring and, therefore, it is submitted by the learned Advocate for the appellant that interest be awarded from the date of the award and not from the date of the petition. The learned Advocate has placed reliance on the judgment rendered in First Appeal No. 24 of 2002 in support of her submissions at the Bar.

(3.) LEARNED Advocate Mr. Mahesh B. Shah representing the claimants respondents vehemently submitted that the Tribunal has passed just and proper award in favour of the claimants to the tune of Rs. 4 Lakhs and the interest at the rate of 6% is awarded from the date of the petition till the realization and it does not call for any interference in appeal preferred by the appellant. The learned Advocate submitted that even the interest awarded at the rate of 6% is not excessive and, therefore, the same cannot be reversed in an appeal preferred by the appellant. In view of the aforesaid facts and circumstances of the case, the learned Advocate submitted that the appeal requires to be dismissed.