Aanandi Paswan vs The Union Of India Through The … on 3 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.196 of 2014

Aanandi Paswan S/o Late Sukhdeo Paswan Resident of Village – Gambhirpur, P.O.
P.S. – Warsaliganj, District – Nawada (Bihar).

…. …. Appellant/s
Versus
The Union of India through the General Manager, East Central Railway Hazipur.

…. …. Respondent/s

Appearance :

For the Appellant/s : Mr. Krishna Mohan Murari
For the Respondent/s : Mr. Anil Kumar Sinha
Mr. Abhimanyu Deo
Mr. Akash Keshav
Mr. Ashish Sinha

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL JUDGMENT
Date: 03-11-2017

Heard learned counsel for the appellant and learned

counsel for the respondent on this miscellaneous appeal and perused

the record.

2. This Misc. Appeal has been filed against the Order

dated 16.12.2013 passed by Member (Technical) RCT/Patna in

Claim Case no. MA 0A 00085 of 2002 whereby the learned Tribunal

allowing the claim application of the appellant directed the

respondent to pay compensation to the tune of Rs. 4 lacs along with

simple interest @6% per annum from the date of admission of the

case on 3.10.2012 till the date of order.

3. Factual matrix of the case is that the claimant Anandi
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Paswan filed Claim Case no. MA 0A 00085 of 2002 against Union

of India, through the General Manager East Central Railway,

Hajipur under Section 125 of Railways Act for awarding

compensation to the tune of Rs. 4 lacs with the case in succinct that

on 06.05.2001, he was travelling with valid IInd class journey ticket

bearing no. 10001 by DMU train from Dergaon halt to Warsaliganj.

During the journey, he fell down from the aforesaid train and was

injured near Sonbarsa village due to jostling of the commuters and

jerk in the train. He was rushed to the Warsaliganj hospital, from

there he was referred to Sub Divisional Hospital, Nawada.

4. The respondent put its appearance in the case and

filed the written statement. Claimant adduced ocular as well as

documentary evidence in buttress of his case.

5. After hearing the parties and perusing the record,

learned Tribunal passed the impugned order as detailed in earlier

paragraph.

6. Being aggrieved and dissatisfied with the aforesaid

Order, the claimant has preferred the present miscellaneous appeal.

7. It is submitted by the learned counsel for the

appellant that he had filed the case on 28.04.2003, but the same was

admitted after long span of 9 years due to latches and fault of the

Tribunal for which he should not suffer, but learned Tribunal has
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awarded simple interest @6% per annum from the date of admission

of the case on 3.10.2012 and not from the date of filing the case

which is wrong and illegal and is liable to be set aside. He has

placed reliance on the verdict of Hon’ble Apex Court given in

Mohamadi and Others Vs. Union of India reported in 2011 ACJ

2356 in buttress of its argument.

8. On the other hand, it is submitted by the learned

counsel for the respondent that there is discretionary power of the

Tribunal regarding the rate of interest and period from which it is to

be allowed and the learned Tribunal considering the facts and

circumstances of the case and applying its judicial mind, has rightly

allowed the aforesaid interest from the date of admission of the case.

Hence, the impugned order passed by the learned Tribunal is liable

to be upheld and this appeal has no substance in it and is liable to be

dismissed.

9. From perusal of record, it appears that the appellant

had filed the aforesaid claim case on 28.04.2003 and the same was

received in the office of the respondent on the said date, but it was

kept in cold storage and was admitted by the Tribunal after long

span of time of around 9 years 5 months on 03.10.2012. There

appears no latches on the part of the appellant in admission of the

case after such a long span of time rather latches is on the part of the
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Tribunal. The Tribunal has awarded simple interest @6% per annum

not from the date of filing of the claim case rather from the date of

admission of the same on 3.10.2012 to save its skin from the said

latches. Had the Tribunal not delayed the admission of the case for

so long, the appellant would have been entitled to the beneficial

interest of the amount awarded from a much earlier date and I see no

reason why he should be deprived of such benefit. Payment of

interest is basically compensation for being denied the use of the

money during the period which the same could have been made

available to the claimant. Hence, in my considered opinion, the

interest on the awarded amount should have been allowed from the

date of filing application till the date of recovery since the appellant

cannot be blamed for delay of long span of time of around 9 years 5

months in admission of the case by the Tribunal. The Hon’ble Apex

Court in Tahazhathe Purayil Sarabi and Others Vs. Union of India

and another reported in 2009 ACJ 2444 has been pleased to hold

that the payment of interest is basically compensation for being

denied the use of money and awarded the interest @6 per cent per

annum from the date of application till date of award. Hon’ble Apex

Court in Mohamadi and Others Vs. Union of India reported in

2011 ACJ 2356 has been pleased to hold that the claimant is entitled

to get interest on the amount of compensation from the date of claim
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application. The appellant has assailed the aforesaid order only

regarding the period of awarding the interest and not the rate of

interest as awarded by the Tribunal.

10. In the aforesaid facts and circumstances of the case,

the respondent is directed to pay the aforesaid amount of

compensation along with interest @6% per annum from the date of

filing of the claim case till its realization. Accordingly, this appeal is

allowed and the impugned order passed by the learned Tribunal is

modified.

(Prakash Chandra Jaiswal, J)

rohit/-

AFR/NAFR AFR
CAV DATE N.A.
Uploading Date 08.11.2017
Transmission N.A.
Date

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