USHA SHAW Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals would relate to the issue of interest pendente lite and interest on judgment. The learned Tribunal declined to award any interest pendente lite on the ground, the parties were dragging the issue. The Tribunal did not assign any reason why it did not award any interest on judgment. The Railway Claims Tribunal Act did not provide any interest being paid for a delayed compensation. Section 16 would permit accidental claims to be lodged either by the victim himself for his injury or through his next to kin in case of death. In both these cases the claimants made a claim for compensation in a death case. Tribunal allowed the same. The Railway paid it that the claimants accepted. After receipt of compensation both of them approached us by preferring appeal on interest component that we heard on the above mentioned dates.

(2.) The claimants would have to prove that they were diligent enough to pursue their claim, otherwise the Tribunal was free to reject it as had been done in the present case.

(3.) The parties cited the following decisions: