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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Amrendra Bahadur Singh – Appellant
Versus
Union Of India Thru. G.M. Northern Railway New. Delhi – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard Shri Pradeep Singh Somvanshi, learned counsel for the appellants and Ms. Harsha Yadav, learned counsel for the respondent.
2. The sole argument advanced by learned counsel for the appellants is that interest has been awarded from the date of award, whereas it should have been awarded from the date of incident as per judgement of Hon'ble Supreme Court in the case of Union of India vs. Rina Devi, Civil Appeal No. 4945 of 2018.
3. Learned counsel for the appellants relying on the judgement of the High Court of Punjab and Haryana at Chandigarh in Civil Revision No.3730 of 2019 (O&M); Anju and others versus Union of India and other connected revisions further submits that the learned Tribunal has wrongly and illegally directed to make the payment of compensation awarded by the Tribunal in installments and the total amount is liable to be released. Therefore, the impugned judgement and award is liable to be modified accordingly.
4. Per contra, learned counsel for the respondent submits that the interest has been awarded in accordance with the aforesaid judgement of Hon'ble Supreme Court in the case of Union of India vs. Rina Devi because the amount of com
Compensation for railway accidents is determined by the applicable rules at the time of the incident, with interest awarded from the date of accrual, not the date of the accident.
Compensation liability arises on the accident date with interest payable from that date, ensuring fairness based on established legal principles.
Interest on compensation must accrue from the date of the accident, ensuring claimants receive the higher of two possible compensation amounts based on established legal principles.
The relevant date for determining compensation under the Railway Claims Tribunal Act is the date of the award, not the date of the incident, ensuring claimants receive fair compensation.
Claimants entitled to interest at 12% from the date of the accident under the Workmen’s Compensation Act, ensuring fairness and adherence to beneficial legislation.
The amount of compensation under the Railway Claims Tribunal Act is determined by current rules at the time of the Tribunal's decision, not the date of the incident.
The court upheld a 9% interest rate on compensation, indicating it is reasonable and consistent with prevailing economic conditions, rejecting the appellant's claim for a reduction to 6%.
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