KUSUMTAI PURBHA GAIKWAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The point involved in all these appeals is, as to whether the Railway Claims Tribunal was justified in awarding interest only on an amount of Rs.4,00,000/- from the date of the application till actual realization of the entire amount, when the statutory amount of compensation, that was granted, was Rs.8,00,000/-.

(2.) All these appeals have been filed by original claimants challenging the above said part of the Judgment and Award passed by the learned Railway Claims Tribunal at Nagpur in respective petitions. All the claimants had filed application Section 124 A of Indian Railways Act for getting compensation on account of 'untoward incident'. All the petitions were allowed. It is to be noted that in all the petitions the date of accident was of prior to Notification issued by the Government enhancing the compensation in the Schedule itself. The said Notification in the form of amendment to the Schedule came into operation on 01.01.2017. In respect of compensation for death the amount has been increased from Rs.4,00,000/- to Rs.8,00,000/-, whereas, as regards the injury claims are concerned, the amount has been increased, taking into consideration the injury sustained. In all these appeals, the learned Railway Claims Tribunal has granted interest @ 6% per annum, on the amount which was before the Notification as compensation i.e. Rs.4,00,000/-, but for the enhanced statutory amount interest (which comes to Rs.4,00,000/- more) has not been awarded and therefore, these appeals have been filed claiming interest, on the entire amount of the compensation.

(3.) Heard learned Advocate Mr. P.S. Agrawal for all the appellants and learned Advocate Mr. S.S. Rathi, Mr. M.N. Navandar and Mr. V.D. Soman for respondent in respective appeals.