FAO No. 4246 of 2008 -1 -
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
FAO No. 4246 of 2008
Date of decision : 4.5.2009
Sumitra Devi @ Lalpari Devi and others
..Appellants.
Vs.
Union of India through General Manager, Northern Railway, Baroda
House, New Delhi.
..Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present : Mr.Somesh Gupta, Advocate for the appellants.
Mr.Jagdish Marwaha, Advocate for the respondent.
RAKESH KUMAR JAIN, J.
The only grievance raised by the appellants in this appeal is in
respect of the order of Railway Claims Tribunal, Chandigarh Bench,
Chandigarh towards the payment of 9% interest per annum from the date of
order till realisation in case the compensation is not paid within 60 days
from the date of award.
Learned counsel for the appellants relies upon a decision of the
Supreme Court in the case of “N.Parameswaran Pillai and another Vs.
Union of India and another” 2002 ACJ 841 to contend that the appellants
are entitled to the interest from the date of claim petition till the date of
actual realisation.
I have given my thoughtful consideration to the contention
raised by the counsel for the appellants.
FAO No. 4246 of 2008 -2 –
In view of law laid down by the Apex Court in the case of
N.Parameswaran Pillai and another Vs. Union of India and another
(supra), the appellants are entitled to interest @ 9% per annum on the
amount of compensation from the date of filing of the claim petition till the
date of actual realisation.
No other point has been raised before the Court.
In view of the above, the present appeal is allowed and the
impugned award dated 27.11.2007 is modified to the extent that the
appellants shall be entitled to interest @ 9% per annum on the amount of
compensation from the date of filing of petition till the date of actual
realisation. No order as to costs.
(RAKESH KUMAR JAIN)
4.5.2009 JUDGE
Meenu