Union of India vs Prakash Chand

S. Serto, J. - Heard Mr. Yangerwati, learned CGC for the petitioners. None appears for the sole respondent.

This is a petition seeking for review of the order dated 17.07.2014 passed in W.P. (C) No. 77(K) of 2014 wherein this Court had directed the petitioners herein to pay interest amounting to Rs. 3,24,000/- (Rupees three lakhs twenty four thousand) only over the compensation amount of Rs. 3 lakhs which was directed to be paid to respondent in the order passed by this Court on 10.05.2004 in W.P. (C) No. 149(K) of 2003 for injuries suffered by him while on duty that led to physical disabilities and his discharged from service under the scheme of disabilities pension.

The facts and circumstances which led the petitioner to file this review petitioner briefly stated are as follows.

The respondent who was a Naik in the 31st Battalion CRPF while on duty on 13.11.1992 contacted a high power electric wire while trying to fix a signal pole and, as a result, suffered bum injuries on his neck, both hands and legs and due to the same he was rendered in capable in continuing in service, therefore, he was discharged on disabilities pension. Though he was given all pensionary benefits he was denied compensation for having suffered disabilities while on duty, therefore, he filed a writ petition claiming the same. The writ petition being W.P.(C) No. 149(K) of 2003 was disposed of on 10.05.2004 will the following order/direction to the petitioners/respondents in that writ petition who are petitioners in this review petition.

"6. Accordingly considering all aspects of the matter, the respondents, particularly respondents No. 1, 2 and 3 shall pay a compensation to the petitioner which is quantified at the sum of Rs. 3,00,000/- (Rupees three lakhs) only which shall be paid by the respondent No. 1, 2 and 3 jointly and severally to the petitioner within a period of 3 months from the date a copy of this order is served on the respondent No. 1 and 2.

In case the compensation is not paid within the said period of 3 months, the same shall cam an interest @ 9% p.a till the payment is made.

With the above direction this petitioner is disposed of''.

Not satisfied with the order/direction of this Court, the petitioners/respondents in that case filed an appeal against the above stated order/directions. The appeal being W.A. No. 424 of 2004 was disposed of on 10.05.2007 upholding the judgment and order of the learned Single Judge passed in W.P (C) No. 149(K) of 2003. The operative portion of the judgment and order is as follows:-

"15. On the discussions that have preceded, we deem it appropriate to dismiss the appeal and affirm the order dated 10.05.2004 passed in W.P. (C) No. 149(K) of 2003 by the learned Single Judge though on slightly different grounds. In the facts and circumstances of the case, weals deem it appropriate to leave the parties to their own costs. The compensation that will be payable by the union shall be so paid within a period of 3(three) months from today."

Again not being satisfied, the petitioners/respondents filed an SLP in the Supreme Court but the same was dismissed

The respondent, in the year 2014 filed a writ petition, W.P.(C) No. 77 (K) of 2014 claiming that the compensation amount of Rs. 3 lakhs which was directed to be paid within a period of 3 months from the date of receipt of a copy of the order by the respondent No. 1 & 2 was paid after a lapse of 4 years 2 months and 5 days from the date of the order, therefore, the respondents are liable to pay the interest over the compensation amount which was fixed at @ 9% p.a for the period mentioned above which was quantified as Rs. 3,20,000/- (Rupees three lakhs twenty thousand) only. It appears from the order dated 17.07.2014 passed in WP (C) No. 77(K)/2014 which is sought to be reviewed that the petitioners/respondents appeared and sought time to file counter affidavit but did not do so in spite of several opportunities given and did not appear on the day when the matter was heard. This Court after hearing the learned counsel for the respondent/petitioner passed the order dated 17.07.2014. The relevant portion of the judgment and order is as follows:-

"Under the order aforesaid, the respondents therein were to pay interest at the rate of 9% in the event of their failure to pay the aforesaid compensation within a period of 3 months. But it has been alleged that such amount was not paid within the time fixed by this Court rather such amount was paid after elapse of 4 years 2 months and 5 days from the date of the order. But as require under the order, the respondents paid only the compensation amounting to Rs. 3 lakhs and not the interest accrued thereon till time of payment of such compensation.

Though, the petitioner requested time without numbers to pay the interest as required under the order, the respondents did not pay the interest accrued on the compensation for their not paying compensation in time fixed by this Court. Having found no other way out, the petitioner again approached this Court seeking the following reliefs:-

In the premises aforesaid it is most respectfully prayed that your lordship would be graciously be pleased to direct the respondents to pay the interest amount as per the judgment of the Gauhati High Court passed in W.P.(C) No. 149(K) of 2003 dated 10.05.2004 to a tune of Rs. 3,24,000/- (Rupees three lakhs twenty four thousand) as per Court''s direction".

I have heard the learned counsel for the petitioner. As stated above sufficient time was granted to the respondents to file their counter affidavit but they did not file their counter affidavit. Instead they stopped appearing before the Court forcing this Court to pass necessary order on the basis of the materials available on records.

I have considered the submission made by the learned counsel for the petitioner having regard to the averments, made in the petition and the documents attached therewith.

On considering the matter in its entirety, I have found that the claim made by the petitioner in this proceeding seeking interest on the compensation is justified. The petitioner has quantified such interest till the time of filing of this proceeding in the month of May, 2014 at Rs. 3,24,000/- as been interest so fixed by this Court vide order dated 10.05.2004 passed in W.P. (C) No. 149(K) of 2003.

Since under the order dated 10.05.2004, the respondents were to pay interest on the compensation, since such interest has not been paid without the time fixed by this Court and since such interest has been quantified at Rs. 3,24,000/- till date, the respondents are directed to pay the aforesaid amount within a period of 3 months from today.

Needless to say the aforesaid accrued as interest amount will carry interest at the rate fixed by this Court in its order dated 10 05.2004 in the aforementioned proceeding.

With the above observations and directions, this proceeding stand disposed of. No cost. "

According to the learned counsel for the petitioners, the period for which interest is to be paid to the respondent starts from the day the period of 3(three) months comes to an end i.e. the time given for compliance of the order dated 10.05.2004 passed in W.P(C) No. 149(K) of 2003 by this Court in the order dated 10.05.2007 passed in W.A. No. 424 of 2004 while upholding the said order passed in the aforesaid W.P. (C), till the compensation amount was deposited by the petitioners. The learned counsel further submitted that since the amount was deposited soon thereafter i.e. on 26.03.2008 along with a sum of Rs. 15,939/- (Rupees fifteen thousand nine hundred thirty nine) only as interest, the calculation of interest arrived at in the judgment and order dated 17.07.2014 passed in W.P.(C) No. 77(K) of 2014 i.e. the sum of Rs. 3,24,000/- is excessive and mathematically untenable, therefore, needs to be reviewed.

The submission of the learned counsel for the petitioners does not seem to be in sync with the judgment and order passed in the writ petitions i.e. W.P. (C) No. 149(K) of 2003 and WA No. 424 of 2004.

On plain perusal of the operative portion of the two judgments passed in W.P.(C) No. 149(K) of 2003 and W.A. No. 424 of 2004 which are already given at the paragraphs No. 2 and No. 3 of this judgments and order, it would be clear that the judgment and order passed in W.A. No. 424 of 2004 merely upheld the judgment and order passed in W.P. (C) No. 149(K) of 2003 and directed the petitioners to pay the compensation as directed by the learned Single Judge in that W.R(C) within a period of 3(three) months. It did not say or indicate that the liability to pay the interest over the compensation amount to the respondent/petitioner will start running only from the day, 3(three) months time given for implementation of the order of the Single Judge passed in W.P.(C) No. 149(K) of 2003 ends only. In other words, the judgment in the W.A. No. 424 of 2004 directed the petitioner/respondent to only implement the direction given in the W.P.(C) No. 149(K) of 2003 within 3(three) months. Therefore, the period for which the interest for non payment of the compensation amount to be paid is from the day on which the period of 3(three) months given by the learned Single Judge in the judgment passed in W.P.(C) No. 149(K) of 2003 ends till the day on which payment for compensation was made i.e. 26.03.2008. This period has been worked out as 4 years 2 months and 5 days. There is no error committed in the calculation of the period and there is no dispute over it.

Therefore, the period worked out for which the interest is to be paid as given in the judgment and order dated 17.07.2014 needs no review. However, the sum of Rs. 3,24,000/- (Rupees three lakhs twenty four thousand) only worked out as the interest for the sum of Rs. 3 lakhs for the period mentioned above appears to be erroneous on careful calculation. The annual interest @ 9% for Rs. 3 lakhs would be Rs. 27,000/- (Rupees twenty seven thousand) only and if that is multiplied by 4 years i.e. the time gap between the date the order was passed in the first case i.e. WP (C) No. 149(K) of 2003 and the day the sum of Rs. 3 lakhs was deposited by the petitioners i.e. on 26.03.2008 would be Rs. 1,08,000/- (Rupees one lakh eight thousand) only. From this amount the sum of Rs. 15,939/- paid as interest by the petitioners has to be deducted. After deduction of the said amount of Rs. 15,939/- the amount which the petitioners are liable to pay as interest would be Rs. 92,061/- (Rupees ninety two thousand sixty one) only. Therefore, the order dated 17.7.14 passed in W.P. (C) No.77(K) of 2014 is modified to that extended only.

With this, the Civil Review Petition is disposed of.

Let the copy of this judgment and order be made available to the parties.