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2006 Supreme(Ori) 682

I.MAHANTY
PRASANT KUMAR CHOUDHURY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.PAL, B.Pal, DIPALI MOHAPATRA, N.NAYAK, R.P.MOHAPATRA, SANJU PANDA

( 1 ) IN the present appeal filed under Section 23 of the Railway Claims tribunal Act, 1987, the appellant who was the claimant before the Railway Claims Tribunal, Bhubaneswar bench has sought to challenge the order dated 28th August, 2002 passed by the Railway Claims Tribunal in case No. OA/87 of 1998 to the extent of non-granting of pendente lite interest on the compensation awarded to the claimant-appellant.

( 2 ) THE appellant filed a claim application before the Railway Claims Tribunal, bhubaneswar Bench, inter alia, claiming for compensation on account of the injury sustained by him while travelling in a train. In the said application, the appellant claimed "compensation with interest at the rate of 12% per annum from the date of untoward incident till the date of payment". The Tribunal by its order dated 28-8-2002 partly allowed the claim application and directed as follows :

"the claim application is allowed partly. The respondent-railway is directed to pay a compensation of Rs. 4 lakhs (Rupees four lakhs) only to the applicant, Prasant Kumar choudhury, within 60 days by way of an a/c payee cheque failing which interest @ 9% per annum shall be payable from the date of pron















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