S.N.Pathak - (1.) I.A. No. 6520 of 2015 The instant Interlocutory Application has been filed under Section 5 of the Limitation Act to condone the delay of 373 days in filing the instant appeal. Mr. Mahesh Tiwari, learned counsel appearing on behalf of the respondent has no objection, if the delay is condoned and appeal is heard on merit. Having heard the learned counsel for the parties and on being satisfied with the grounds taken in para 3 onwards of the instant Interlocutory Application, the delay of 373 days in filing instant appeal is hereby condoned. Accordingly, I.A. No. 6520 of 2015 stands allowed. M.A. No. 529 of 2015 This appeal has been preferred against the Judgment/Award dated 20.08.2014 passed by learned Member (Technical) of the Railway Claims Tribunal Ranchi Bench in Case No. OA (IIU)/RNC/2011/0059.
(2.) Mr. R.R. Ravi Das, learned counsel appearing for the appellants assailed the impugned Judgment/Award on the ground that the learned Tribunal has committed manifest error in not granting any interest on the awarded compensation as the Railway was directed to pay only decretal amount to the applicants within three month of submitting account details. It was further directed if the amount is not paid within three month thereafter interest will be paid at the rate of 9 % per annum simple till the date of actual payment. It is argued that in similar circumstances, the Hon'ble Supreme Court in Tahazhathe Purayil Sarabi and Others Vs. Union of India and Another; 2009 ACJ 2444 has held that interest should be paid from the date of accident or the date of application.
(3.) Mr. Mahesh Tiwary, learned counsel for the respondent-Railway vehemently opposes the learned counsel for the appellants and draws the attention of the Court towards operative portion of the award i.e. para 16 of the impugned Award and submits that the learned Tribunal has already awarded 7 % interest per annum simple from the date of filing claim petition and if the amount is not paid within 3 months, thereafter interest will be payable at the rate of 9 % per annum simple till the date of actual payment.;