FA/4923/1998 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 4923 of 1998 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== UNION OF INDIA Versus KIRANBHAI MANILAL KADIA ====================================== Appearance : MRS SHILPA R SHAH for Appellant. MR PJ MEHTA for Respondent. ====================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 08/08/2008 ORAL JUDGMENT 1. By way of this appeal, the appellant has challenged judgment and order dated 18th June 1998 of Railway Claims Tribunal, Ahmedabad Bench, passed in O.A. No.9700019, whereby claim petition filed by the claimant was partly allowed and railway authority was directed to pay Rs.2 Lacs as compensation to the claimant, failing which 12% interest FA/4923/1998 2/3 JUDGMENT will accrue in favour of the claimant. 2. The case of the original claimants is as under: 3. That Shri Kiranbhai Kadia, resident of Khambhat, purchased second class ticket from Khambhat to Sayama on 1-7-1997 in the morning. He boarded no26 Up on 1-7-1997. Since the train was crowded and there was no space for sitting, the deceased was standing near entrance door. While the train was running, due to sudden jerk the deceased fallen down from the train and sustained severe injuries. His legs were cut. Therefore, the lodge a claim before Railway Claims Tribunal, Ahmedabad Bench, for compensation of Rs.2,25,000/-. 4. Said claim was resisted by Railways by filing written statement on 24-10-1997 at Exh.7, inter alia, stating that the incident cannot be described as an “untoward incident” as per Section 123 (c) (2) of the Railways Act, 1989. It is also denied that the claimant was a bona fide passenger in absence of any documentary proof. Therefore, it is prayed that the claim of the claimant may be dismissed. 5. After considering the evidence on record, tribunal partly allowed said claim application and found that this is a genuine case of bona fide passenger falling from the train and getting serious injuries. Therefore, under Railway Accidents (compensation) Rules, 1990 and part II, item 3 of the Schedule, Rs.2 Lacs is required to be paid as compensation to the present claimant. Accordingly, an amount of Rs.2 Lacs was awarded as compensation and the same was ordered to be paid within two months from the date of award, failing which 12% interest is ordered to accrue on said amount. Being aggrieved by it, the appellant has filed present appeal. FA/4923/1998 3/3 JUDGMENT 6. Learned advocate for the appellant has raised contention only with regard to the order of payment of penal interest and submitted that the tribunal cannot award penal interest. He also submitted that the tribunal has no jurisdiction, authority or power to award such penal interest. No other contention is raised by the appellant. 7. I have considered the submissions made and also gone through the judgment of the trial Court and other relevant documents. In my view, though the tribunal has power to grant interest on the awarded amount, it has no power or jurisdiction to execute the award by putting interest clause. In my view, the tribunal cannot become executing Court and also cannot grant order of interest for non-payment of award amount. Therefore, the contention of the appellant is accepted and direction of the tribunal of penal interest, if payment is not made within the stipulated time, is quashed and set aside. Rest of the judgment of the Railway Claims Tribunal will remain unchanged. Accordingly, this appeal is partly allowed to the aforesaid extent. There shall be no order as to costs. (K.S.Jhaveri, J.) *malek