PRASANT KUMAR CHOUDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellant who was the claimant before the Railway Claims Tribunal, Bhubaneswar Bench has sought to challenge the order dated 28th August, 2002 passed by the Railway Claims Tribunal in Case No. OA/87 of 1998 to the extent of non- granting of pendente lite interest on the compensation awarded to the claimant-appellant.

(2.) The appellant filed a claim application before the Railway Claims Tribunal, Bhubaneswar Bench, inter alia, claiming for compensation on account of the injury sustained by him while travelling in a train. In the said application, the appellant claimed "compensation with interest at the rate of 12% per annum from the date of untoward incident till the date of payment". The Tribunal by its order dated 28-8-2002 partly allowed the claim application and directed as follows :

(3.) The present appellant has sought to challenge the order of the Railway Claims Tribunal to the extent of non-granting pendente lite interest. Learned counsel for the appellant has placed reliance on various decisions to the effect that even though the Railway Claims Tribunal Act and the Rules framed thereunder do not contemplate any provision for awarding interest for the postlitigation period nevertheless interest can be awarded under Section 34 of the Civil Procedure Code. In support of her contention, learned counsel for the appellant has placed reliance on the following decisions : 2005 ACJ 1763 (Delhi), Union of India v. Bani Lal; 2000 ACJ 651 (Kerala) : (AIR 2000 Ker 91), Union of India v. Thankaraj. Apart from the aforesaid citations, learned counsel for the appellant submits that the aforesaid finding of various High Courts now stand affirmed by judgment of the Supreme Court in the case of N. Parameswaran Pillai v. Union of India, 2002 ACJ 841 : (AIR 2002 SC 1834) and stated that the Hon'ble Apex Court in the aforesaid decision has awarded interest from the date of the petition till the date of actual payment.