UNION OF INDIA (NF RAILWAY) Vs. KISHORE BARMAN

JUDGEMENT

(1.) Heard Mr. U.K. Nair learned counsel for the petitioner assisted by Mr. M.P. Sharma. Also heard Mr. A. Gohain, learned counsel appearing for the respondent.

(2.) The learned counsel for the respondent has taken up a preliminary plea that the question of power of the learned Railway Claims Tribunal to grant the interest is no longer valid in view of the decision of the Hon'ble Supreme Court in the case of Thazhathe Purayil Sarabi v. Union of India, 2009 (7) SCC 372, wherein it has been held that the payment of interest is basically compensation for being denied the use of the money during the period in which the same could have been made available to the claimants. By the said ratio, the Hon'ble Apex Court allowed the appeal and affirmed the order of the learned trial court that the awarded sum interest @ 6% simple interest per annum from the date of the award and thereafter @ 9% per annum till the date of actual payment of the same. He further relied on the case of Union of India v. Koina Keirugba Meetei, 2006 (2) GLT 200 wherein this Court had also held that the Railway Claims Tribunal had the power to grant interest on compensation, thereby upholding the order of the learned Railway Claims Tribunal, granting interest @ 6% per annum.

(3.) In the present case in hand except for the challenge to the interest, the appellant has not challenged the quantum of compensation. Therefore, by applying the ratio of the two herein before referred cases, this court is of the view of that order passed by the learned Railway Claims Tribunal, in the present appeal is liable to be sustained. Accordingly, this appeal is dismissed by maintaining the order in so far as granting interest on the compensation amount is concerned. In view of the above, there is no requirement to re-appreciate the facts or any other issue involved in the case.