SUHAS KUMAR MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment/award dated 21.04.2016 passed in Case no. TAU/RNC/2013/0001 a/o OA(IIU)/PNBE/2005/0108, by the Railway Claims Tribunal, Ranchi Bench, Ranchi, whereby the compensation of Rs.4,00,000/- was awarded to the appellants.

(2.) Learned counsel, for the appellant, has submitted that the Tribunal has erred in not awarding any interest on the awarded compensation and directed the respondent to pay simple interest @ 7.5% per annum from the date submission of the accounts particular if the compensation amount not paid within 90 days from the date of the award. Learned counsel has challenged the denial of payment of interest and relied on the decisions in the case of Tahazhathe Purayil Sarabi and Others Vs. Union of India and Another, 2009 ACJ 2444, Mohamadi Vs. Union of India, 2011 4 TAC 873 Supreme Court and in the case of Union of India Vs. Rina Devi,2018 SCConlineSC 507 and submitted that the Tribunal has not appreciated the settled proposition of law that interest should be awarded on the compensation amount in case the compensation is not paid on the date of accident or on of filing of claim application. It is submitted that there has been no negligence or laches on the part of the appellant for the delay in conclusion of the proceeding, hence, there is no justification for not granting the interest on the awarded amount.

(3.) Learned counsel for the respondent/Railways has contended that the award has been satisfied and the appellant had accepted the compensation without any protest, therefore, the appellant cannot raise the plea for payment of interest on the awarded compensation at this belated stage. He is estopped from raising such a plea.