Devendra Kumar Arora, Abhai Kumar, J. - (1.) This appeal under section 23 of the Railway Claims Tribunal Act, 1987 arises out of the judgement and order dated 24.11.2017 passed by the Railway Claims Tribunal, Lucknow, in case No. OA/II/U/155/11; Smt. Gayatri Devi v. Union of India whereby the Tribunal while allowing the claim of the respondent-claimant awarded a sum of Rs. 8 lacs as compensation. The Tribunal further awarded 6 % simple interest from the date of application to 31.12.2016 on the amount of compensation i.e. four lacs and from 1.1.2017 to the date of judgment on a sum of Rupees Eight lacs. The said amount was to be paid within 90 days failing which interest at the rate of 9% was payable.
(2.) It has been argued on behalf of the appellant that the learned Tribunal merely on the basis of presumption has passed the impugned award without considering the evidence and material filed by the appellant rebutting the claim of the respondents. It has also been asserted that the nature of injuries reported in the post-mortem report and 'panchayatnama' do not suggest accidental falling from the train.
(3.) Learned Counsel for the appellant has also contended that there is no statutory provision under the Railway Claims 2 Tribunal Act for awarding interest upon the compensation towards the untoward accident and as such, any direction for award of interest upon the compensation amount is against the statute. The Tribunal, therefore, committed manifest error by allowing interest to the claimant from the date of filing of the claim petition. In fact, the amount of compensation becomes payable after it is determined by the Tribunal and if the appellant failed to pay within the stipulated time, it can be directed to pay interest from the date of order of the determination, but in no case, direction for interest can be given before the claim is ascertained or determined.;