LAWS(P&H)-2007-4-80

SHIV KUMARI Vs. UNION OF INDIA

Decided On April 20, 2007
SHIV KUMARI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS appeal, by the claimants, is for enhancement of compensation awarded by learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as "the Tribunal"), whereby, the claimants were awarded a total compensation of Rs.4,00,000/- together with interest at the rate of 9% per annum from the date of award till actual realisation. Now, the only contention raised on behalf of the appellants is that the learned Tribunal has not granted interest from the date of filing of the claim-petition. Rather, the same has been granted from the date of award, whereas, the appellants are entitled to the interest from the date of claim petition, in view of the observations made by their Lordships of the Apex Court in N.Parameswaran Pillai and another v. Union of India and another 2002 ACJ 841.

(2.) LEARNED Standing counsel appearing on behalf of the Railways, has fairly conceded this fact that in view of the law laid-down in the aforesaid ruling, the claimants are entitled to interest from the date of filing of the claim petition. Accordingly, this appeal is allowed with the observations that the claimants will be entitled to receive the compensation together with interest at the rate of 9% per annum from the date of filing of claim petition. A copy of this order be given to learned Standing Counsel for the respondent-Railways under the signatures of Court Secretary of this Court.