Amitav K. Gupta, J. - (1.) The appellants are aggrieved that while awarding compensation of Rs.4,00,000/-, the interest has been awarded @ 6 % per annum.
(2.) It is submitted by the learned counsel for the appellants that Hon'ble Supreme Court in the case of Mohamadi and Others vs. Union of India, 2011 4 TAC 873 (SC) has held that the interest would accrue on the compensation amount from the date of the claim application and the interest @ 9% which was awarded by the Tribunal and modified to 6% by the High Court was modified and enhanced to interest payable @ 9% per annum as ordered by the Tribunal. On the above ground it is prayed that the interest awarded @ 6% p.a. by the Tribunal is not in consonance with the settled principle and should be enhanced to 9% p.a.
(3.) Learned counsel appearing on behalf of respondent/railway has submitted that the Tribunal has awarded the interest @ 6% while exercising its discretion with the default clause that if the said amount is not paid within 90 days then it would carry the interest rate of 9%. That the respondents have to comply with the order.;