UNION OF INDIA Vs. SAJNI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE appeals are against the judgment and decrees passed by the trial court in various claim cases filed by the different claimants on the basis of common cause of action, i. e. , death of the persons in accident dated 15. 1. 94. The deceased persons Sahabram, Laxman Singh, Bheem Sen, Girdharilal, Gopal Ram, Chunilal and Jainarayan were travelling in the Jeep No. DBB 4839. In the early morning at about 5. 45 AM when the Jeep was crossing the railway gate No. C-64, the train come on the rout of Hanumangarh to Chandigarh, 4588 down express and hit the Jeep resulting into death of all the above persons travelling in the Jeep. All the deceased person are either owner of their agricultural filed or having income from the agriculture only. The claimants-legal representatives of above deceased instituted suits for damages against the defendant-appellants. The trial court after affording full opportunity of hearing to the parties, held that the appellant-defendants are liable for the accident causing deaths of above persons and consequently the appellant- defendants are liable for the compensations, which were awarded by the trial court in all the different suits.

(3.) SO far as rate of interest is concerned, I am constrained to say that this type of plea should not have been raised by the Union of India and Railway in such type of fatal accident. When it is not expected from the Union of India and Railway to contest for the interest then contest for the rate of interest also cannot be justified unless and until it is shown that rate of interest awarded by the Court is too excessive and cannot stand to reason by any means. It is further relevant to mention here that the interest in commercial transaction is awarded even on the basis of the contractual rate of interest, but nor exceeding rate of interest levied by the Bank. Here in this case all the persons, who died in the accident were engaged in the agriculture. SOme of the deceased were having their own agricultural filed meaning thereby they were engaged in the commercial transaction of the agricultural products. The amount of interest awarded by the trial court in all the decrees in only @ 12% per annum, which is the rate of interest normally decree by the trial courts in the cases of tort, particularly in the cases of Motor Accident Claims. Therefore, award of interest @ 12% per annum neither is on any higher side nor it can be said to be an amount so excessive to raise any grievance.