Amitav K. Gupta. J. - (1.) This appeal has been preferred against the order and award dated 19.11.2015 passed in Case no.TAU/RNC/2004/0022 by the Railway Claims Tribunal, Ranchi Bench, Ranchi whereby Rs.4,00,000/- has been awarded as compensation under Section 124 A of the Railways Act, 1989 to appellants.
(2.) Learned counsel for the appellants has submitted that the Tribunal has erred in not awarding any interest on the awarded compensation and directed the respondent to pay interest @ 9% per annum from the date of order till the date of actual payment if the compensation amount is not paid within 90 days from the date of the award. It is submitted that the Tribunal has failed to appreciate the settled principle and the proposition of law that the interest should be awarded from the date of filing of the claim application if there is no fault or laches on the part of the claimants/applicants. On the above grounds, it is prayed that the impugned order be modified and direction may be issued upon the respondent to pay interest from the date of filing of the claim application till the payment of award.
(3.) Learned counsel for the respondent/railways has submitted that it would be evident from the impugned order that the record of the case was misplaced and thereafter it was reconstructed and accordingly, delay had occurred. That the claim application was filed in the year 2004 and judgment has been delivered in the year 2015. That the delay in passing of the judgment was not due to any fault or laches on the part of the respondent rather delay has occurred because the record was misplaced by the office of the Claims Tribunal and it was reconstructed thereafter. It is further submitted that the claimant should have specifically pleaded as provided under Order 2 Rule 2 of C.P.C, for grant of interest, but such plea is lacking in the claim application, therefore, the appellants cannot raise the plea at this stage.;