1 fa1324 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1324 OF 2011 Smita Rajendra Devanhalli & Ors. ...Appellants vs. Union of India ...Respondent Mr.M.R.Lad for the appellants Mr.P.Ranjan i/b Mr.T.J.Pandian for the respondent CORAM : A.S.OKA,J. DATE : JULY 19, 2011 P.C.: 1 Admit. The Advocate for the respondent waives service. Taken up for final disposal at the stage of admission. 2 The appellants claimed compensation under section 124-A of the Railways Act, 1989 (hereinafter referred to as the said Act). The appellant claimed compensation on account of death of one Rajendra. The deceased was the husband of the first Appellant and father of the second and third Appellants. The compensation of Rs.4,00,000/- has been granted with interest at the rate of 9% p.a from the date of the impugned order. 3 The submission of the learned counsel for the appellants is that the total compensation 12,90,000/- ought to have been granted. His second submission is that there was no reason to deny interest for the period from the date of filing claim application till the date of the impugned 2 fa1324 order. The learned counsel for the respondent supported the impugned Judgment and Order. 4 The appellants had invoked section 124-A which reads thus : 124-A. Compensation on account of untoward incidents-When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident; Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to - (a) suicide or attempted suicide by him; (b) self-inflicted injury; (c) his own criminal act; (d) any act committed by him in a state of intoxication insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. 3 fa1324 5 It is not in dispute that in exercise of power under section 124-A, the Rules have been framed which prescribe the compensation of Rs.4,00,000/- in case of death of any passenger due to an untoward accident. Therefore, the appellants were not entitled to compensation exceeding a sum of Rs. 4,00,000/- which has been already granted. 6 The claim application was filed on 21 st April 2003. There is no finding recorded that hearing of the application was delayed due to any default on the part of the appellants. Hence, interest deserves to be granted from the date of filing of the Application. Interest will have to be granted at the rate of 6% per annum from the date of filing of the claim petition till its disposal. 7 Hence, I pass the following order: i) Impugned Judgment and Order is modified and the respondent is directed to pay interest at the rate of 6% p.a on the compensation amount of Rs. 4,00,000/- from the date of filing of the claim application till the date of impugned order. ii)Additional amount shall be deposited by the respondent with the tribunal within a period of eight weeks from today. iii)Appeal is partly allowed on above terms with no order as to costs. iv)Civil Application no.2901 of 2010 does not survive and the same is disposed of. JUDGE