IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.23 of 2010 CHINTA DEVI, wife of Sri Jawahar Sah, resident of village- Bela Lamanpur, P.S. Bihta, District, Patna … Applicant/Appellant Versus The Union of India through the General Manager, East Central Railway, Hajipur ….Opposite Party/Respondent With M.A. No. 33 of 2010 KARU RAVIDAS, son of Late Toti Ravidas, resident of village- Dost Mohammadpur, P.S.- Fatuha, District- Patna. … Applicant/Appellant Versus The Union of India through the General Manager, East Central Railway, Hajipur ….Opposite Party/Respondent With M.A.No.55 of 2010 MOSTT. TETRI DEVI wife of Late Devki Yadav, resident of village-Raghwa Chak, P.S. Fatehpur, District … Applicant/Appellant Versus The Union of India through the General Manager, East Central Railway, Hajipur ….Opposite Party/Respondent ----------- For the appellants : Mr. Sudhir Kumar & Mr. Anant Kumar-1, Advocates (In all three appeals) For the respondent : Mr. Sunil Kumar Ravi, Advocate (MA No.23/2010) Mr. Hemendra Prasad Singh, Advocate (MA No.33/2010) Dr. Kumar Uday Pratap, Advocate (MA No. 55/2010) -------------- 12/ 27.01.2011 All these three appeals are taken up together since the points of law involved in all the three appeals are same and similar. The appellants are aggrieved by the order dated 31.03.2008 passed in Claim Application No. OA 000165/2004, order dated 28.03.2008 passed in Claim Application No. OA 000162/2004, order dated 22.09.2008 passed in Claim Application 2 No. OA 000213/2004, respectively by the Railway Claims Tribunal, Patna Bench, Patna, by which the Tribunal has granted Rs.4,00,000/- (four lacs) compensation to each under section 124-A of the Railway Act, 1989, and has granted 9% interest from the date of the respective orders. Learned counsel for the appellants submits that this is a beneficial piece of legislation and interest should have been allowed from the date of application and not from the date of orders. On behalf of the appellants, it has been submitted that in a case reported in 2007 (4)TAC 518 (Union of India Vs. Brigett Chacko), the Kerala High Court had considered various Apex Court’s decisions and finally settled that interest is payable from the date of application, whereas, the rate was at the discretion of the Tribunal. The Patna High Court has accepted this proposition of law in an unreported case i.e. M.A. No.337 of 2008 (Devendra Kumar Singh Vs. Union of India & Ors) decided on 13.04.2010 and allowed the appeal and modified the order to the extent that the award would carry interest @ 6% simple interest per annum from the date of application till the date of award and after award 9% per annum till realization as directed by the Tribunal. Considering the same as also that, undoubtedly, compensation has been allowed to the claimants to the meet the exigencies of death and disability, I am in full agreement with the view of the learned single Judge. Therefore, I modify the orders of the Tribunal to the extent that 6% simple interest per annum be awarded from the date of application and 9% interest per annum be 3 awarded from the award till the date of realization of the same as ordered by the Tribunal. In the result, the appeals are allowed. JA/- ( Anjana Prakash,J.)