Chandan Kumar, vs The State of Jharkhand through its Chief Secretary, & Ors.,

This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 598 days in preferring the appeal.

It is submitted by the counsel that the judgment/award was passed by the Railway Claims Tribunal, Ranchi Bench on 13.08.2013 but the free copy was supplied to the appellant on 22.05.2015 which is evident from the endorsement of date of delivery mentioned in the free copy. It is submitted that on receipt of free copy the appellant met the counsel whereafater this appeal was filed. That there has been no willful laches or deliberate negligence on the part of the appellant in preferring the present appeal. On the above ground, it is prayed that the delay in preferring the appeal be condoned.

Learned counsel on behalf of respondent has opposed.

Heard. In view of the reasons assigned, sufficient cause and reasonable explanation is made out, accordingly, the delay is condoned.

I.A. No.4310 of 2016 stands allowed. Misc. Appeal No.309 of 2015

The present miscellaneous appeal has been filed against the judgment/award dated 13.08.2013, passed by the Railway Claim Tribunal, Ranchi Bench in Case No. TAU/RNC/2005/0012 corresponding to old case No. TTU 50012/05, whereby compensation of Rs.4,00,000/has been awarded in favour of the claimants in terms of Section 124A of the Railway Act, 1989.

The only grievance of the appellants is that interest has not been given on the awarded compensation of Rs.4,00,000/. 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. Vs. Union of India and Anr., reported in (2009) ACJ 2444.

Learned counsel for the respondent has submitted that there is no illegality or irregularity in the impugned award.

Heard. From perusal of the impugned judgment/award, it transpires that there is no fault or laches on the part of the appellant. Hence, in view of the decision rendered in the case of Tahazhthe Purazil Sarabi (supra), the impugned judgment/award is modified to the extent that interest at the rate of 9% shall be paid by the respondent/Railway on the awarded compensation of Rs.4,00,000/from the date of filing of the claim application till the date of realization less the amount already paid, within three months from the date of receipt of a copy of this order.

The impugned judgment/award is modified to the extent as stated above and the appeal is allowed to that extent.