SHRIRAM FERTILIZERS Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the plaintiff -appellant and perused the entire record of the appeal.

(2.) THE plaintiff -appellant filed a Civil Suit in the Court of Additional District Judge No. 3, Kota, against the defendant -respondent for recovery of Rs. 4,75,527.50p. and compensation for the delivery of damaged 15699 bags of Urea and for interest as well as cost. Later on, on constitution of Railway Claims Tribunal, Jaipur Bench, Jaipur (for short, 'the Tribunal') the suit came to be transferred to the Tribunal.

(3.) THE learned Counsel for the plaintiff -appellant submitted that the interest is to be awarded to the plaintiff -appellant on the amount of compensation from the date of cause of action accrued to it or in all the eventualities from the date of filing of the suit. The learned Counsel for the plaintiff -appellant, in support of his contention, placed reliance on two unrepeated decisions of this Court in S.B. Civil Misc. Appeal No. 254/1991, Union of India through the General Manager, Western Railway, Church Gate, Bombay v. Associate Companies Limited Cement Works at Lakheri, decided on 26.5.2003 and in S.B. Civil Misc. Appeal No. 277/1993, DCM Shriram Consolidated Limited v. Union of India through G.M., Western Railway, Church Gate, Bombay, decided on 10.12.2004.