SMT. SUSHILA KERKETTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This present appeal is directed against the judgment/award dated 21.01.2016, passed by the Member (Judicial) & Member (Technical), Railway Claims Tribunal, Ranchi in Case No. OA (IIU)/RNC/ 2013/0056, whereby the tribunal while granting compensation of Rs. 4,00,000/- to the claimants has not awarded any interest on the aforesaid amount.

(2.) Learned counsel for the appellants has submitted that the Tribunal has directed the respondent-railways to pay the compensation amount within a period of 90 days, failing which, the respondent/railways are liable to pay interest @9% per annum till the date of actual payment. It is argued that the Tribunal should have directed the payment of interest @9% from the date of filing of the claim application till the payment. In support of the contention learned counsel has relied on the decision of the Supreme Court rendered in the case of Tahazhthe Purazil Sarabi & Ors. v. Union of India and Anr., reported in (2009), 7 SCC, 37

(3.) Learned counsel for the respondent-railway has submitted that there is no illegality or irregularity in the impugned award as there is no provision under the Railway Act for awarding of interest and the appellants had also not claimed for any interest on the awarded compensation at the time of filing of the claim application.