High CourtsSingle Bench(2017) 01 JH CK 0072

Harish Chandra Marandi vs Union of India

Jharkhand High Court · Decided on 3 January 2017 · Citation: (2017) 1 JBCJ 428

HON’BLE JUDGES
Amitav Kumar Gupta, J.
RESULT
Allowed
CASE NUMBER
M.A. No. 222 of 2016

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Judgment

5 paragraphs · 222 words

Amitav Kumar Gupta, J.—The present appeal has been filed against the judgment/award dated 13.10.2015, passed by the Tribunal in Case no. OA (IIU)/RNC/2013/0040, whereby compensation of Rs.4,00,000/- has been awarded in favour of claimant in terms of Section 124A of the Railways Act, 1989.

2.

The only grievance of the appellant is that no interest has been awarded while awarding the compensation of Rs.4,00,000/-. In support on the contention learned counsel has relied on the decision of the Supreme Court rendered in the case of Tahazhthe Purazil Sarabi and Ors. v. Union of India and Anr., reported in (2009), ACJ, 2444.

3.

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

4.

Heard. From perusal of the impugned judgment/award, it transpires that there is no fault or laches on the part of the applicant. 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 on the awarded compensation of Rs.4,00,000/- from the date of filing of the claim application till date of realization within three months from the date of receipt of copy of this order.

5.

With the said modification in the impugned judgment/award, this appeal is hereby allowed.