- (1.) THE questions arise for our consideration are : (i) Whether the Railway Tribunal has the power to grant interest under the Railways act 1989 or under the Railways Accidents and Untoward Incidents (Compensation)Rules, 1990 or not? (ii) Whether in the absence of any explicit provision empowering the railway Tribunal with the power to grant interest, can such a power be read implicitly into the Act or the Rules or not? (iii) Whether in case of absence of any express provision empowering the Tribunal of granting interest, whether an Implied bar can be read into the Act or the Rules prohibiting the Railway Tribunal granting interest or not? (iv) In case the Railway Tribunal does have the power to grant interest, should the interest be granted from the date of filing of the claim petition, or the interest should be calculated from the date of the passing of the award?
(2.) THE above questions arise in this way:- In Smt. Jeeto Devi v. Union of India (SB civil Misc. Appeal No. 1382/2004 decided on July 6, 2005) learned single Judge held that interest on the claim can be granted from the date of filing of claim petition. Whereas in Union of India v. Master Varun bagdi ( (2005)3 Diwani Nirnay Journal (Raj)1294) another learned Judge propounded that interest on the claim cannot be granted since there is no specific provision to award interest in Railway Claims Tribunal Act, 1987 (for short 1987 Act ). Because of these contradictory views the matters have been referred to us. SCHEME OF 1987 ACT :
(3.) BEFORE proceeding further it will be apt to consider the scheme of 1987 Act, which provided for establishment of Railway claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to pas sengers occurring as a result of railway ac-icidents or untoward incidents and for matters connected therewith or incidental thereto.;