// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.2537/2008 Smt. Mohni Devi W/o late Shri Hasti Das Vaisnav and Others Versus Union of India through the General Manager, Western Railway, Church Gate, Mumbai and Another Date of Order ::: 16.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Deepak Goyal, Counsel for appellants #### By the Court:- Heard learned counsel for the appellant. This appeal on behalf of the claimants is directed against the impugned judgment and order dated 30th January, 2008 passed by the Railway Claims Tribunal, Jaipur Bench, in OA II/48/2005 whereby the learned Tribunal allowed the claim application of the appellants and passed an order that claimants are entitled to receive compensation of Rs.4,00,000/- from the respondents. It was also directed that the respondents will deposit the amount of compensation within a period of two months failing which claimants will be entitled to get interest on the amount of compensation at the rate of 7% per annum from the date of judgment. The only contention urged on behalf of // 2 // the appellants is that the learned Tribunal committed an illegality in not awarding the interest on the amount of compensation whereas the claimants were entitled for the same, therefore, the order of the learned Tribunal is liable to be modified to that extent. The Division Bench of this court in Union of India & Others Vs. Smt. Shamim & Others – AIR 2008 Rajasthan 99, considered a question - whether the Railway Tribunal has the power to grant interest on the amount of compensation awarded by it in favour of claimants and answered that Tribunal has got powers and authority to grant interest on the amount of compensation payable to claimants. The relevant Para Nos.1 and 19 of the judgment are reproduced as under:- “The questions arise for our consideration are: (i) Whether the Railway Tribunal has the power to grant interest under the Railways Act 1989 or under the Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 or not? (ii) Whether in the absence of any explicit provision empowering the Railway Tribunal with the power to grant interest, can such a power be read implicitly into the Act or the Rules or not? (iii) Whether in case of absence of any express provision empowering the Tribunal of granting interest, whether an implied bar can be read // 3 // into the Act or the Rules prohibiting the Railway Tribunal granting interest or not? (iv) In case the Railway Tribunal does have the power to grant interest, should the interest be granted from the date of filing of the claim petition, or the interest should be calculated from the date of the passing of the award? .... .... .... 19. In view of discussions made herein above, we answer the reference thus:- Questions (i) (ii) and (iii): Answer: Although 1987 Act does not specifically vest the Tribunal with the Authority to grant interest, yet the power and authority to grant interest flows from Sections 18(3)(i) and 13(1) of 1987 Act read with Section 34 of the Code of Civil Procedure, 1908. Question (iv): Answer: Discretion is vested with the Tribunal in view of Section 34 CPC, in the facts and circumstances of the case, to grant interest either from the date of petition or from the date of award.” In view of the above authoritative pronouncement by the Division Bench of this Court, it is clear that the Tribunal is empowered to grant interest on the amount of compensation and the present appeal is fully covered by the decision of the Division Bench, // 4 // as referred above. Since the question involved in the present case is fully covered by the judgment of the Division Bench of this Court in Union of India & Others Vs. Smt. Shamim & Others (Supra) , therefore, instead of issuing notice of appeal to the respondents, I think it fit and proper to remit the case back to the Tribunal to consider the submission of the claimants about award of interest on the amount of compensation after hearing both the parties. Consequently the appeal is disposed of and the case is remitted back to the Railway Claims Tribunal, Jaipur Bench with a direction to consider the submission of the claimants for award of interest on the amount of compensation and pass necessary orders in this regard but before passing the orders in this regard the Tribunal will hear the respondents. A copy of this order may be sent to the Railway Claims Tribunal, Jaipur Bench. (Narendra Kumar Jain) J. //Jaiman//