UNION OF INDIA Vs. BAI SARASWATIBAI NATWARLAL DESAI

JUDGEMENT

(1.) THESE are appeals by the State from orders passed in two suits in favour of the respective plaintiffs granting review of decrees passed in favour of the plaintiffs.

(2.) THE two suits were instituted by the legal representatives of certain persons, who it would appear, died in a collision between a truck and a railway train in the year 1949 between Godhra and Dohad on the Western Railway. In each of those cases, decrees for substantial sums of money were passed in favour of the plaintiffs. There were no specific averments in the plaints regarding interest, but in the prayer clause the plaintiffs claimed interest from the Union of India. The entire claim of the plaintiffs was denied in each of those two suits by the Union of India.

(3.) THE Court, however, did not frame any issue regarding the liability of the Union of India to pay interest. Thus though the plaintiffs' claims were decreed in those suits, no interest was awarded to them.