High CourtsSingle Bench(2017) 02 P&H CK 0157

Basanti Tiwari vs Union of India

Punjab And Haryana At Chandigarh · Decided on 9 February 2017 · Citation: (2017) 2 RCRCivil 801

HON’BLE JUDGES
Kuldip Singh, J.
RESULT
Dismissed
CASE NUMBER
FAO No. 6076 of 2012(O&M)

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Judgment

6 paragraphs · 279 words

Kuldip Singh, J. (Oral) - This order will dispose of five appeals bearing FAO No.6076 of 2012, FAO No.1918 of 2013, FAO Nos.3059 and 3067 of 2013 and 4017 of 2013. However, for facility of reference facts are being mentioned from FAO No.6076 of 2012.

2.

In all the five appeals, compensation of Rs. four lacs each was awarded to the applicant(s) by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short, ''the Tribunal'') with interest @ 6% per annum from the date of filing of claim application till the date of award with the further direction that if the amount is not paid within 60 days, the applicant(s) shall be entitled to further interest @ 9% per annum from the date of the award till payment.

3.

At the time of hearing, none has appeared for the appellants despite second call. I have considered the case of the appellants, also heard learned counsel for the respondents and have carefully gone through the file.

4.

After going through the file, I am of the view that the Tribunal after considering the facts and circumstances of the case, granted interest @ 6% per annum during the pendency of the claim petition and @9% per annum if the payment is not released within 60 day except in one case. The Tribunal has exercised its discretion which from its face does not appear to be arbitrary and does not call for any interference so as to grant higher rate of interest. No ground is made out to enhance the rate of interest.

5.

Consequently, all the five appeals are dismissed.

6.

A copy of the order be placed on the connected files.