1 fa1278 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1278 OF 2011 1 Prakash Ramesh Pujari 2 Vaishnavi Prakash Pujari ...Appellants vs. Union of India through the General Manager, Western Railway, Churchgate, Mumbai. ...Respondent Mr.Kuldip Singh for the appellants Mr.Sureshkumar for the respondent CORAM : A.S.OKA,J. DATE : AUGUST 25, 2011 P.C.: 1 Heard learned counsel for the parties. A notice for final disposal of the appeal was issued on earlier date. The appellants are the claimants who filed claim application under section 16 of the Railway Claims Tribunal Act,1987 claiming compensation under section 124-A of the Railways Act,1989 (hereinafter referred to as the said Act). 2 The compensation was claimed on account of death of one Meena Prakash Pujari in an untoward incident. By the impugned Judgment and Award, compensation of Rs.4,00,000/- has been granted. Clause (i) of the operative part of the Award reads thus : i) Respondent railway administration is hereby directed to pay to the applicants a sum of Rs.4.00 lacs (Rupees four lacs only) as compensation within 60 days failing 2 fa1278 which it shall carry interest thereon @ 9% p.a from the date of this order till the actual realization. 3 However, interest has been denied on the compensation amount from the date of filing of the claim application till the date of decision. The learned counsel for the appellant placed reliance on the decision of the Apex Court in Civil Appeal no. 3658 of 2009 decided on 14 th May 2009 Tahazhathe Purayil Sarabi and others vs. Union of India and another). He submitted that in view of the decision of the Apex Court, interest at the minimum rate of 9% per annum will have to be granted from the date of filing of the claim application till the date of decision. The learned counsel for the respondent supported the impugned Judgment and order. 4 Though there is no specific power either under the said Act of 1987 or 1989 to grant interest, the Apex Court by the aforesaid decision held that the Railway Claims Tribunal can always invoke power under section 34 of the Code of Civil Procedure,1908 (hereinafter referred to as the said Code) or under the Interest Act for granting interest from the date of filing of the claim application. By the said decision, the Apex Court granted interest at the rate of 6% per annum from the date of claim application till the date of Award and thereafter at the rate of 9% per annum till the date of actual payment. 5 In the present case, the appellants have not come out with a case that they had issued any notice 3 fa1278 to the respondent demanding the interest before filing of the claim petition. 6 Thus, in the present case, the appellants can invoke only section 34 of the said Code. In view of sub section (1) of section 34, interest will have to be granted at the rate of 6% per annum from the date of filing of the claim application till the impugned Award. Proviso to sub section 1 of section 34 will have no application as the liability has not arisen out of a commercial transaction. Therefore, the only modification which will have to be be made is of directing the respondent to pay interest at the rate of 6% per annum from the date of filing of the claim application. 7 Hence, appeal is disposed of by passing the following order : i) Impugned Judgment and Award is modified by directing the respondent to pay interest to the Appellants at the rate of 6% per annum on the amount of Rs.4,00,000/- from the date of filing of the claim application till the date of impugned Judgment and Award. The rest of the Award is maintained. ii)Time of two months from today is granted to comply with the modified Award. iii)Appeal is allowed on above terms with no order as to costs. JUDGE