Jharkhand High CourtUnion Of India vs Nemashwari Rabha on 23 November, 2020Author:Kailash Prasad DeoBench:Kailash Prasad DeoIN THE HIGH COURT OF JHARKHAND AT RANCHI\n                   (Civil Miscellaneous Appellate Jurisdiction)\n                           M.A. No. 513 of 2018\n                                ......Union of India, through General Manager, Eastern Railway, Kolkata ...... Appellant\n                                 Versus1. Nemashwari Rabha, w/o deceased- Kanteshwar Rabha2. Chanakya Rabha, S/o deceased- Kanteshwar Rabha3. Rupak Rabha, s/o deceased- Kanteshwar Rabha\n            All resident of Village/Mohalla Maladhara, P.O. & P.S.- Lahipur, District-Goalpara, Assam.                                           ......Respondents\n\n      CORAM:        HON'BLE MR. JUSTICE KAILASH PRASAD DEO\n                    (Through : Video Conferencing)\n      For the Appellant                   : Mr. Gautam Rakesh, Advocate\n      For the Respondents                        :\n                               -----\n03/Dated: 23/11/2020.\n            Heard, learned counsel for the appellant.Learned counsel for the appellant has submitted that vide impugned award\n      dated 20.06.2018 passed by learned Member (Technical), Railway Claims Tribunal,\n      Ranchi Bench, Ranchi in Case No. OA(IIU)/RNC/48/2017, compensation to the\n      tune of Rs.8 lacs along with interest @ 6% from the date of filing claim application\n      i.e. 10.04.2017 till the date of judgment has been awarded and if the compensation\n      amount is not paid within 90 days of the judgment, the interest thereafter will be\n      calculated @ 9% per annum simple till the date of actual payment.Learned counsel for the appellant has submitted that alleged occurrence took\n      place on 10.11.2016 when deceased- Kanteshwar Rabha lost his life while travelling\n      in Kochuveli-Guwahati Express Train No.06336 UP and fell down between ex-\n      Palakkad Jn. to Guwahati near Dadpur Village at Pole No.158/3 DN Railway Line,\n      but the learned Tribunal has granted excess amount of compensation i.e Rs.8 lacs\n      along with interest @ 6% from the date of filing of the claim application i.e.\n      10.04.2017 till the date of judgment and if not paid within 90 days of the judgment\n      then interest thereafter will be calculated @ 9% per annum simple till the date of\n      actual payment.Learned counsel for the appellant in support of his submission has relied upon\n      the judgment ofUnion of India Vs. Rina Devireported in (2019)3 SCC 572 at Para 19,\n      which is profitably quoted hereunder:-"19. Accordingly, we conclude that compensation will be payable as applicable\n                    on the date of the accident with interest as may be considered reasonable from\n                    time to time on the same pattern as in accident claim cases. If the amount so\n                    calculated is less than the amount prescribed as on date of the Award of\n                    Tribunal, the claimant will be entitled to higher of the two amounts. This order\n                    will not affect the awards which have already become final and where limitation\n                    for challenging such awards has expired, this order will not by itself be a\n                    ground for condonation of delay. Seeming conflict in Rathi Menon (Supra) and\n                    Kalandi Charan Sahoo (supra) stands explained accordingly. The 4-Judge\n                    Bench judgment in Pratap Narain Singh Deo (supra) holds the field on the\n                    subject and squarely applies to the present situation. Compensation as-2-applicable on the date of the accident has to be given with a reasonable interest\n                        and to give effect to the mandate of beneficial legislation, if compensation as\n                        provided on the date of award of the Tribunal is higher than unrevised amount\n                        and interest, the higher of the two amounts has to be given."Learned counsel for the appellant relying upon the aforesaid judgment has\n        submitted that learned Tribunal has wrongly granted interest as the Tribunal ought to\n        have granted Rs.4 lacs with interest or Rs.8 lacs whichever is higher but not both in\n        view of the judgment passed by the Hon'ble Apex Court in the case ofRina Devi(supra).Learned counsel for the appellant has further submitted that I.A. No.7987 of\n        2019 has been filed for stay of the proceeding underOrder XXXXI Rule 5 of the CPCin Execution Case No.EXA/RNC/201/000.Considering the same, let notice be issued to all the respondents (respondent\n        no.1- Namashwari Rabha, w/o deceased- Kanteshwar Rabha, respondent no.-2.\n        Chanakya Rabha, S/o deceased- Kanteshwar Rabha and respondent no.3- Rupak Rabha,\n        s/o deceased- Kanteshwar Rabha, all resident of Village/Mohalla Maladhara, P.O. &\n        P.S.- Lahipur, District- Goalpara, Assam) under both process i.e. under registered cover\n        with A/D as well as under ordinary process for which requisites etc. must be filed\n        within a period of two weeks from today, but with condition that appellant/Railway\n        must deposit Rs.8 lacs before the Executing Court within a period of 30 days from\n        today.The Executing Court shall keep the said amount in any Nationalized Bank so that\n        claimants may not suffer further on the interest of Rs.8 lacs.Put up this case after service of notice.I.A. No.7987 of 2019 stands disposed of.(Kailash Prasad Deo, J.)\nsandeep/R.S-