Ful Kunwar Devi & Others vs Union of India

Heard, learned counsel for the appellants, Mr. Hardeo Prasad Singh assisted by Mr. Ashok Kumar Singh and learned counsel for the Railway, Mr.

Mahesh Tewari.

The claimants are the appellants before this Court. They are aggrieved by the part of the impugned judgment, whereby the interest has been awarded

after three months of the date of judgment at the rate of 9% per annum simple till the date of actual payment.

Learned counsel for the appellants has assailed the part of the impugned judgment in view of the judgment passed by Hon'ble Apex Court in the

following cases :-

(1) Rathi Menon Vs. Union of India reported in (2001) 3 SCC 714 ( paragraphs- 29 and 30).

(2) Thazhathe Purayil Sarabi and Others Vs. Union of India and Anr. reported in (2009) 7 SCC 372 (paragraphs-36 to 40).

(3) Union of India Vs. Rina Devi reported in (2019) 3 SCC 572 .

(4) Union of India Vs. Radha Yadav reported in (2019) 3 SCC 410 (paragraphs-11 and 12).

(5) Gopal Chandra Saha Vs United India Insurance Co. Ltd. & Anr. reported in (1999) 3 Gauhati Law Reports 234 (paragraph-9).

The appellants/claimants are entitled for interest @ 9% per annum on the awarded amount of Rs.4 lacs from the date of filing of the claim application

i.e. 18.11.2009 till the actual date of payment, which has been paid on 29.06.2015.

Learned counsel for the Railway, Mr. Mahesh Tewari has objected the maintainability of the application on the ground that said amount has been

received on 29.06.2015 and thereafter, on 04.09.2015 the present enhancement appeal has been filed by the claimants.

Learned counsel for the Railway, Mr. Mahesh Tewari seeks an adjournment so as to assist this Court properly regarding the maintainability of the

application.

Considering the same, put up this case after two weeks. It is made clear that no further adjournment shall be granted to any of the parties.