- (1.) The present appeal has been preferred under section 23 of the Railway Claims Tribunal Act 1987 being aggrieved and dissatisfied with the part of the order dated 19.8.2013 passed in Case No. TAU/RNC/2003/0039 by the learned Member(Technical) of the Railway Claims Tribunal,Ranchi.
(2.) The facts of the case is in brief. The case of the appellant that the deceased along with three other colleagues were coming back to Patna after attending departmental meeting at Garhwa and as such all four persons namely, Binay Kumar,Arvind Kumar Gupta, Harendra Singh and Ramadhar Sharma(deceased) were coming back to Patna by train No.3347 UP(Palamu Ext.).They were travelling in sleeper class S/4. All of a sudden 10-12 miscreants having armed with pistol entered into the compartment at Japla Railway station at about 1.00a.m and started looting the articles of the passengers on gun point. While the deceased protested the act of dacoity, he sustained bullet injuries on his eye and died before the train reached Navi Nagar Station. The miscreants fled away from the spot. While the train reached Dehri Railway Station, the dead body of the deceased was sent for post Mortem to Sadar Hospital Sasaram where he was declared dead due to shock and Haemorrhage by fire arms.
(3.) The learned counsel appearing for the appellant submitted that the present appeal is preferred by the appellant forlimited purpose of getting amount of interest accrued on the awarded amount from the date of the filing of application. It is submitted that the learned Claim Tribunal while considering the claim of the appellant was pleased to direct the Railway authority to pay Rs. 4 lakhs towards compensation but has failed to appreciate that the amount of interest is also required to be awarded along with the said amount of compensation. It is further submitted that the law regarding award of interest has been crystallized by the Hon'ble Apex Court in its decision given in the case of Tahazhathe Purayil Sarabi and ors Vs Union of India and Anr, 2009 ACJ 2444. It is further submitted that view expressed in the aforesaid judgment has been followed in the case of Mohamadi and Ors Vs. Union of India, 2011 ACJ 2356. It is also pointed out that the aforesaid view has been relied upon by a coordinate Bench of this Court in M.A. No. 349 of 2013 and accordingly, respondent authority was directed to pay interest @6% per annum on the compensation amount from the date of filing of the claim application till the date of actual payment of compensation vide its order dated 11.11.2014.;