CHAINA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This miscellaneous appeal is directed against the Judgement and/or Award dated 31st December, 2012 passed by the learned Railway Claims Tribunal, Kolkata in Claim Application No. O.A.(IIU)/255/2010 at the instance of the claimant.

(2.) In this appeal a question is raised as to whether interest can be granted on the compensation to be paid by the Railway authorities to the claimant on account of accidental death of a victim even though there is no provision in the Act for grant of such interest on the compensation amount.

(3.) Such question is no longer res inter gra as we have already decided in the earlier appeal being FMA 1081 of 2010 (Sumita Ghosh v. Union of India & Anr.) that despite there is no provision in the Act for grant of such interest on compensation but still then interest can be granted on the compensation amount from the date of presentation of the claim petition upto the date of realisation thereof, as the claimants are deprived of use of their legitimate compensation amount for a substantial period of time i.e. the date of such accident till realisation of such compensation.