Sunil Dutta Mishra, J. – Heard learned counsel for the appellant as well as learned counsel for the respondent.

2. The instant appeal has been filed for setting aside the impugned judgment dated 10.01.2019 passed in Review Application No. 37 of 2018 by the learned Rail Claim Tribunal, Patna (hereinafter referred to as ‘R.C.T.’) whereby and whereunder the said review application filed by the Railway to reduce the rate of awarded interest on awarded compensation amount has been allowed.

3. The brief facts in this case are that on 01.06.2014, Bipul Sao after purchasing a valid second class train ticket from Anugrah Narayan Road Railway Station for going to destination point at Gaya Junction, had boarded the Train No. 53608 Down at Anugrah Narayan Road Railway Station and the moment, the deceased had boarded the train, he accidentally fallen from running train due to intense jostling of passengers at Anugrah Narayan Railway Station. Due to falling down from the running train, Bipul Sao (son of original applicant) sustained grievous injuries. He was brought to Sadar Hospital, Anugrah Narayan where he succumbed to his injuries during medical treatment. The applicant filed a claim petition before the Railway Claim Tribunal, Patna Branch being O.A. No. 00311 of 2015 claiming compensation on account of death of his unmarried son, to the tune of Rs. 4 lakh with interest @ 12% per annum. The appellant/ Union of India through Railway contested the claim petition by filing their written statement. After hearing the parties, the claim petition was allowed and the Railway was directed to pay Rs. 4 lakh along with simple interest @ 10% per annum from the date of registration of the application, i.e. 22.05.2015 within 60 days from the date of submission of Bank account details/ mandate by the applicant, otherwise the entire amount of compensation will attract simple interest 2% per annum more, from the date of registration of the application till its realization. It was also directed that Rs. 2 lakh each along with proportionate interest shall be paid to the applicant, namely, (i) Shatrughan Sau (father of the deceased) and (ii) Smt. Malti Devi (mother of the deceased).

4. The review application filed before the Railway Claim Tribunal, Patna Branch by the Railway on the point of rate of interest and the period for which the interest is payable on the amount of compensation awarded in the impugned judgment. Sixteen review applications have been decided having the common question involved in the said review applications. The learned R.C.T., vide its judgment/ order dated 10.01.2019, disposed of all the review applications with directions that in respect of award passed before 01.01.2017, the Railway to pay simple interest @ 6% per annum on the principal amount from the date of registration till the date of award and 9% from the date of award to the date of payment. The learned R.C.T. relied upon the judgment of R.C.T., Patna, pronounced by a Division Bench of learned R.C.T. in bunch of 46 review applications (E.C. Railway vs. Santosh Kumar and 45 other review applications) dated 02.11.2018. The learned R.C.T. considered the decision of Hon’ble Supreme Court in Thazhathe Purayil Sarabi & Ors vs. U.O.I. reported in 2009 SC 3098 and Union of India vs. Rina Devi reported in (2018) 2 PLJR (SC) 447.

5. Aggrieved by the said impugned judgment/order, the original applicant/ appellant has filed this appeal.

6. Learned counsel for the appellant has submitted that the review application was heard alongwith batch of cases on 10.01.2019 which was time barred and without considering the material available on record the impugned judgment/ order was passed ignoring the land-mark decision rendered by the Hon’ble Apex Court in Union of India vs. Rina Devi (supra). He has further submitted that since the new rate came in existence on 01.01.2017 the appellant is entitled to higher amount i.e. 8 lakh as held by the Hon’ble Apex Court in the case of Rina Devi (supra). Lea