next friend Tmt.Sheela .. Appellants Vs Union of India, Owning Southern Railway, Rep. by General Manager, Chennai - 3. .. Respondent CMA.No.686 of 2008:
Common Prayer : Civil Miscellaneous Appeals preferred under
Section 23 of the Railway Claims Tribunal Act 54 of 1987 against the orders dated 25.09.2007, 05.10.2007, 26.09.2007, 19.12.2007 and 24.09.2007 passed by the Railway Claims Tribunal, Chennai Bench in O.A.No.57 of 2003, O.A.No.1 of 2004 , O.A.No.81 of 2003 , O.A.No.42 of 2004 and O.A.No.86 of 2003 respectively.
In CMA.Nos. 517, 686, 1764, 1913 of 2008:
For Appellant/Appellants : Mr.T.Rajamohan For Respondent : Mr.V.Haribabu In CMA.No.1975 of 2008:
For Appellant : Mr.T.Rajamohan For Respondent : Mr.Udayakumar COMMON JUDGMENT All the appeals are arising out of different orders passed by the Railways Claims Tribunal in applications by different claimants seeking damages/compensation. Since a single question of law is involved in all these appeals, they are taken together and are being disposed of by a common order.
2. The question involved is : Whether interest is payable on the award amount from the date of claim petition or from the date on which orders are passed by the Railway Claims Tribunal. This is now settled by the Hon'ble Supreme Court in Thazhathe Purayil Sarabi & Others Vs. Union of India and another [AIR 2009 SCC 3098]. After indicating that neither the Railway Claims Tribunal Act, 1987 nor the Railways Act 1989, provides for payment of compensation or rather silent on it, the Hon'ble Supreme Court considered the implications of Sec. 3 of the Interest Act, 1979 as well as Sec. 34 of Code of Civil Procedure and held that interest may be claimed on any amount decreed or awarded for a period during which the money became due and yet remained unpaid to the claimants. After going specifically into the question whether the interest would be payable from the date of claim or from the date of award, the Supreme Court held that while two divergent views are possible, the more consistent view has been the one in favour granting interest from the date of claim.
3. I, therefore, opt to lean in favour of the more predominant or judicially preferred view which the Supreme Court has underscored and hold that the appellants in all the appeals are entitled to claim interest at the rate indicated in their respective awards of Railway Claims Tribunal from the date of the claim petition.
4. All the appeals are allowed accordingly. No costs.
02.01.2017 ds Index : Yes/No Internet : Yes/No To:
1.The Railway Claims Tribunal, Chennai Bench.
2.The Section Officer, VR Section, High Court, Madras.
N. SESHASAYEE.J, ds C.M.A.No.517, 686, 1764, 1913 & 1975 of 2008 02.01.2017 http://www.judis.nic.in