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Issues: Whether interest was payable on the compensation awarded for a railway accident, and if so, from what date and at what rate.
Analysis: The compensation claim arose from a railway untoward incident governed by the Railways Act, 1989, under which no express provision was made for interest on the award. The Court held that, even in the absence of a specific statutory provision, interest could be granted in exercise of judicial discretion under Section 3 of the Interest Act, 1978 and Section 34 of the Code of Civil Procedure, 1908. Interest was recognised as compensation for being deprived of the use of money that ought to have been paid. Since the claim was filed promptly and the award was delayed for several years, the claimants were entitled to interest from the date of the application till the date of the award, and thereafter till actual payment.
Conclusion: Interest on the compensation award was payable in favour of the claimants from the date of the application until the date of the award and thereafter until payment, and the default-only interest direction was set aside.
Ratio Decidendi: Where a money claim is awarded without an express statutory interest provision, the Court may grant compensatory interest under the Interest Act, 1978 and Section 34 of the Code of Civil Procedure, 1908 from the date the claim is made until realisation, as justice requires.
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