FAO No.5166 of 2009 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.5166 of 2009 (O&M) DATE OF DECISION: 02.07.2010 **** Sajjno . . . . Appellant VS. Union of India through General Manager, Northern Railway, Baroda House, New Delhi. . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Deepak Balyan, Advocate for the appellant. Mr.Amit Singh, Advocate for the respondent. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against order of the Railway Claims Tribunal, Chandigarh Bench, Chandigarh dated 09.9.2008 by which claimant/appellant has been awarded Rs.4 lacs towards compensation and interest @ 9% from the date of order till realization, in case the respondent-railways failed to make the payment of the compensation within 60 days of the order. Learned counsel for the appellant has relied upon decision of the Supreme Court in the case of “Thazhathe Purayil Sarabi and others Versus Union of India and another”2009(7) SCC 372. FAO No.5166 of 2009 (O&M) - 2 - After hearing learned counsel for the parties, I am of the view that the interest has to be paid from the date of accident and not from the date of adjudication much less after the expiry of 60 days from the date of award as held by the learned Tribunal. In view of the decision of the Supreme Court, the present appeal is allowed and award passed by the Tribunal is modified holding the appellant to be entitled to simple interest from the date of application @ 6% per annum till the date of award and thereafter @ 9% per annum till the date of actual payment. (RAKESH KUMAR JAIN) 02.07.2010 JUDGE Vivek