IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 5306 of 2008
Date of decision : August 28, 2009
Kanta Devi and another
Appellants
Versus
Union of India
Respondent
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present : Mr. Vijay Lath, Advocate
for the appellants
Mr. Jagdish Marwaha, Sr. Standing counsel
for the respondent
NIRMALJIT KAUR, J. (ORAL)
Learned counsel for the appellants at the outset restricted his
claim only to the grant of interest at the rate of 18% per annum from the
date of filing of the claim petition till the date of payment.
Mr. Jagdish Marwaha, Sr. Standing counsel for Railways does
not dispute the claim to the extent of paying interest on the awarded
amount from the date of the filing of the claim petition till
its realization. However, he expressed his strong reservation on the rate of
interest, which should be levied. A similar stand was taken by learned
counsel for the respondent before this Court in bunch of appeals decided
vide order dated 17.7.2009 passed in FAO No. 110 of 2009 titled as Des
Raj versus Union of India and others.
While deciding the rate of interest, this Court had held as
follows in the above mentioned similar matters :-
“Taking into account the observations of the Apex Court made
in the cases of Uttaranchal Transport Corporation, Tamil
Nadu State Transport Corporation and the Managing
Director, TNSTC (supra), wherein the interest was fixed at the
rate of 7.5% per annum instead of 9% and also, at the same
time, without losing sight of the fact that in the case of
FAO No. 5306 of 2008 2N. Parameswaran Pillai and Rathi Menon (supra), relating to
claim under the Railways Act, 1989 and Railway Accidents
and Untoward Incidents (Compensation) Rules, 1990, entitling
the appellant interest at the rate of 12% per annum, as also
keeping in view the interest given by the Banks and other
financial institutions, interest at the rate of 9% per annum on
the compensation amount so awarded by the Tribunal from
the date of filing of the claim petition till its actual realization
would be just and fair.”
The present appeal is, therefore, covered by the judgment
passed in FAO No. 110 of 2009.
The present appeal is, accordingly, disposed of in the same
terms as FAO No. 110 of 2009 with direction to pay 9% interest on the
amount awarded by the tribunal from the date of filing of the appeal till its
actual realization.
However, it is clarified that the present appellant No. 1 is
allowed to withdraw the money so deposited in her name in pursuance to
the directions of the tribunal.
(Nirmaljit Kaur)
28.8.2009 Judge
reena