DURGAVATHI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) In these appeals, filed under Section 23 of the Railway Claims Tribunal Act, the only grievance of the appellants is that the Tribunal has not awarded any interest on the amount of compensation, in the respective claims.

(2.) In the claims presented before it, the Railway Claims Tribunal awarded different amounts, in favour of the respective appellants, in accordance with the provisions of the Railways Act and the Rules made thereunder. It did not grant any interest pendente lite. However, it imposed the condition that, in case the amount awarded by it is not deposited within two months from the date of order, the compensation shall carry interest at 6% per annum, from the date of the order, till the date of realization. At the stage of admission itself, learned Counsel for the appellants had advanced extensive arguments.

(3.) Sri S. Chandrasekhar, learned Counsel for the appellants submits that though there is no specific provision in the Railways Act or Railway Claims Tribunals Act, it is always in the discretion of the Tribunal to grant interest. He submits that the claims were presented in the year 1999, and for variety of reasons they were not disposed of immediately. He contends that a writ petition had to be filed in this Court, seeking directions to the Railway Board to constitute the Tribunal, and that the delay in disposal of the claims cannot be attributed to the appellants. Placing reliance upon various judgments rendered by this Court as well as other High Courts, learned Counsel submits that the appellants are entitled to be awarded interest pendente lite.