LAWS(APH)-2012-11-42

S.K.CHINA DASTHAGIRI Vs. UNION OF INDIA

Decided On November 09, 2012
S.K.China Dasthagiri Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal is preferred by the claimant assailing the Award of the Railway Claims Tribunal, Secunderabad Bench, in O.A.A.No.236 of 2005 dated 02.06.2010. The scope of the appeal is only with respect of not granting interest from the date of filing of the application on the awarded amount.

(2.) The learned counsel for the appellant - claimant contended that the Tribunal erred in granting interest from the date of the Award, instead of from the date of application, on the ground that the claimant approached the Tribunal for claiming compensation with a delay of 1403 days and he is not entitled for the grant of interest from the date of filing of the application. The Tribunal ought to have granted interest from the date of the application as once the condone delay petition filed by the claimant is allowed, the claimant is entitled to interest on the adjudged sum from the date of the application.

(3.) Heard the learned counsel on either side and perused the material available on record.