LAKHI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned counsel for the respondent.

(2.) Instant miscellaneous appeal has been filed against the judgment / award dated 10th December, 2014, passed by Railway Claims Tribunal, Ranchi Bench in Case No. TAU/RNC/2003/0001, corresponding to Old Case No.TTU30001/03, whereby compensation of Rs.4,00,000/- has been awarded in favour of the claimants along with 3% simple interest per annum from the date of filing of claim petition till the period of three months of submitting the account particulars.

(3.) Learned counsel for the appellants submitted that the appellants are aggrieved by the part of the order dated 10th December, 2014, passed by Railway Claims Tribunal, Ranchi Bench in Case No. TAU/RNC/2003/0001 by which compensation has been awarded with simple interest at the rate of 3% per annum from the date of filing of claim application till the period of three months of submitting the account particulars to the Railways. Learned counsel further submitted that the Tribunal in its award has found that the alleged incident took place on 12th November, 2002 and the claim application was filed on 4th January, 2003 and thus there was no delay on the part of the claimant to prefer her claim. Learned Tribunal has also held that it had taken more than eleven years ten months in making of the award and a substantial part of the delay can be attributed to the respondent, but the rate of interest is far below than the expectations. Learned counsel for the appellants has relied on the decision of the Hon'ble Supreme Court of India in the case of Tahazhathe Purayil Sarabi and Ors. Vs. Union of India and Anr., (2009) ACJ 2444 and submitted that the interest awarded be enhanced from 3%. Learned counsel for the appellants also submitted that initially the claim application was filed on 4th January, 2003 before the Railway Claims Tribunal, Patna but after the creation of Railway Tribunal at Ranchi, the same was transferred to Ranchi and it took time in preparation of the award.