Ashok Ku.Parida vs. Union Of India

FAO NO.200 OF 2012 07

06.10.2015

Heard learned counsel for the parties.

This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 challengin g the order/award dated 07.2.2012, passed by the Railway Claims Tribunal, Bhubaneswar Bench, B hubaneswar, in O.A. No.185 of 2006, awarding an amount of Rs.4,00,000/- as compensation along with interest @ 6% per annum, from the date of passing of the impugned award.

The sole contention of the learned counsel for the claimants is that the claimants are entitled to interest on the awarded compensation amount from the date of filing of the claim application, which has wrongly been denied to them. In this regard, learned counsel for the cl aimants has relied upon a decision of this Court in Santilata Samantaray and three others v. U nion of India, 2010 (II) OLR 405.

Learned counsel for the respondent-Railway submits that the entire awarded compensatio n amount of Rs.4,00,000/- has already been paid to the claimants. It is further submitted that as the award of interest is discretionary, the impugned award cannot be faulted.

Considering the submissions made by the learned counsel for the parties and keeping in view the decision of this Court, as referred to above, the appeal is allowed and the responde nt-Railway is directed to pay interest @ 6% per annum on the awarded compensation amount of Rs .4,00,000/- from the date of filing of the claim application, till the date of deposit of the compensation amount.

The respondent-Railway is directed to deposit the interest amount with the learned Tri bunal within eight weeks hence.

FAO is accordingly disposed of.

Issue urgent certified copy as per rules.

(S.C.PARIJA, J.)

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