All these matters arising out of the claim at the instance of legal heirs of the deceased who died in an untoward incident while travelling in a passenger train are referred to this Court by a learned Single Judge of this Court for being answered on a common question as to 'whether the claimants would be entitled to interest on the amount determined by the Railway Claims Tribunal from the date of the application.'

2. For consideration of the aforesaid question, the back ground, in short, of all the cases giving rise to such claim is taken up from one of the appeals, i.e. CMA. No. 3491 of 2002.

3. The first applicant is the wife of the deceased and applicar NO.2 to 5 are their children. They filed an 8"Jplication being OM. No. 104 of 1998 claiming compensation of Rs. 4,00,000/- on account of death of the deceased, by name, Sri K. Saraiah. The Railway Claims Tribunal, after conducting regular enquiry, allowed the said application, awarding compensation of Rs. 4,00,000/-, with specific direction that the railway administration shall deposit the compensation amount within sixty days and if it fails to deposit the said amount within the stipulated time, the applicants/claimants are entitled to receive interest at 9% per annum from the date of the order only, on the amount of compensation.

4. Therefore, the claim now made by the applicants/claimants is for payment of interest from the date of the filing of the application, but, not restricting it from the date of expiry of period of sixty days from the date of the order.

5. The learned Single Judge, after taking into consideration various decisions of this Court and other High Courts, especially the view taken by a learned Single Judge of this Court in CMA. No. 4701 of 2003 and batch, dated 23-7-2004, wherein it was held that no such interest would be awarded from the date of the application, did not agree with it.

6. At the outset, it would be relevant to take note of the relevant provisions of the Railways Act, 1989, (for short 'the Act') regarding liability of the railway administration to pay compensation on account of death or injury to passengers due to accidents. Chapter XIII of the Act deals with the same, and after defining the expressions, 'accident' 'dependent' untoward accident' etc., under Section 123 (a) and (b) of the Act. The extent of liability of the railway administration is contemplated under Section 124 of the Act, which reads as under:

"Section. 124: EXTENT OF LIABILITY:

When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages to respect thereof, the railway administration shall ' notwithstanding any thing contained in any other law be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train sustained as a result of such accident"

7. From a bare reading of the aforesaid provisions, it would appear that liability towards damages is sought to be fixed on the railway administration either on account of death or injury, wherever or whenever untoward incident occurs.

8. Section 124-A of the Act contemplates liability towards compensation on account of untoward incidents as a result of wrongful act, neglect or default on the part of the railway administration. It reads as follows:

"COMPENSATION ON ACCOUNT OF UNTOWARD INCIDENTS: When in the course of working a railway an untoward incident occurs,