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1994 Supreme(MP) 698

U.L.BHAT, M.V.TAMASKAR
UNION OF INDIA – Appellant
Versus
LAXMIPATI – Respondent


Advocates Appeared:
ABHAY SAPRE, S.K.MUKHERJEE

U. L. BHAT, C. J.

( 1 ) FIRST respondent's husband, late S. C. Pati, was travelling in Train No. 143 U. P. Kalinga Express on 15-9-1984. Between Zalwara and Katni Railway Stations, the train met with an accident as a result of which S. C. Pati sustained injuries and died. First respondent, for herself and on behalf of her two minor children, filed an application under Section 82 (A) of the Indian Railways Act, 1890 before the Claims Commissioner appointed under Section 82 (B) of the Act (District Judge of the District ). The Claims Commissioner, by Annexure-P-2 order upheld the claim and awarded Rs. 1 lac as compensation and directed the railways to pay the amount with interest at the rate of 6% from the date of application till payment. The direction for payment of interest is challenged by the Union of India in this petition.

( 2 ) THE first respondent is absent. We have heard the learned Additional Central Government Standing Counsel. We have also heard Shri Abhay Sapre, Advocate who has been requested to assist the Court and place on record our appreciation of the assistance so rendered.

( 3 ) INDIAN Railways Act, 1890 did not originally contain any provision for payment of com









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