LAWS(CAL)-2017-3-94

SRI GHETU MONDAL Vs. UNION OF INDIA

Decided On March 21, 2017
Sri Ghetu Mondal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) While reserving judgment on March 16, 2017, we had expressed our mind to decide these two appeals by a common judgment and order since the grievance of the respective appellants essentially relate to the rate of interest granted on the sum awarded by the Railway Claims Tribunal, Kolkata. Accordingly, this common judgment and order shall govern both the appeals.

(2.) In FMA 1228 of 2012, the appellants are the parents of Buddhadeb Mondal, the victim of an 'untoward incident' as defined in section 123(c)(2) of the Railways Act, 1989 (hereafter the 1989 Act), who died on September 2, 2003 because of an accidental fall from a moving train. They have assailed the judgment and order dated April 23, 2010, passed by the tribunal on Claim Application No. U/270/2004, being an application under section 124-A of the Railways Act, to the extent the tribunal awarded interest @ 6% p.a. on the compensation awarded i.e. Rs.4,00,000/- from the date of filing of the claim application till date of the order, instead of interest @ 12% p.a. that was claimed.

(3.) In the other appeal i.e. FMA 333 of 2013, the judgment and order dated January 21, 2010 of the tribunal on Claim Application No. U/567/2005, granting interest @ 6% p.a. on the compensation awarded i.e. Rs.4,00,000/- from the date of the filing of the claim application till payment is effected, has been challenged by the appellants, the widow and minor son of the victim of an untoward incident as defined in section 123(c)(2) of the 1989 Act, on the ground that the tribunal should have directed payment of interest @ 12% p.a. from the date of filing of the claim application.