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2012 Supreme(Raj) 1933

PREM SHANKER ASOPA
Smt. Anita Devi – Appellant
Versus
Union of India – Respondent


For the Appellant:Mr.Ajay Shukla, Advocate.
For the Respondent:Mr.P.C.Sharma and Mr.S.C.Purohit, Advocates.

JUDGMENT

1. - In all these appeals, common question of law as to whether the Railway Claims Tribunal can claim award interest or not, is involved and therefore, they have been clubbed together and they are being decided together.

2. Submission of counsel for the appellant(s) is that in its recent judgment in Mohamadi and others v. Union of India (2011 (4) T.A.C.873 (SC) , the Supreme Court while placing reliance on its earlier judgment in Tahazhathe Purayil Sarabi v. Union of India (2010 (1) T.A.C. 420(SC) , has settled the controversy regarding payment of interest from the date of application. In the said case, the Tribunal had directed that the compensation amount would carry interest at the rate of 9 per cent per annum from the date of application i.e. 25.5.1995 till its payment to the claimant and on appeal, the High Court modified the Tribunal's order and directed that interest would commence not from the date of the application but from the date of the judgment of the Tribunal, which was passed on 2.12.2002. The Supreme Court set aside the order of the High Court and restored the Tribunal's order in regard to the accrual of the interest with effect from the date of application












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