Madan Nayak And Others vs Divisional Railway Manager And Another

Arindam Sinha, J

W.P.(C) No.15129 of 2014 and I.A. No.11018 of 2022

Mr. Jena, learned advocate appears on behalf of applicants, who were writ petitioners. He submits, the application is for modification of order dated 5th July, 2022. The modification sought is direction for payment of interest. The reason is that the direction has not been complied with and in event the modification is allowed, opposite parties will find keenness to comply.

Mr. Das, learned advocate, senior panel counsel appears on behalf of opposite parties and submits, compliance will be within two weeks and therefore, there should not be any modification.

By order dated 5th July, 2022 there was, inter alia, direction upon the railways to pay compensation of Rs.8,00,000/- (Rupees eight lalks only) to applicants, for the accident. The amount was to be paid within four weeks of communication. Mr. Jena submits, his client has opened joint bank account and have given the particulars of the account to the authority for purpose of money transfer but it has not happened.

In the circumstances, direction made in order dated 5th July, 2022 is modified to be that the railways will pay compensation of Rs.8,00,000/-(Rupees eight lakhs only) to writ petitioner nos.1 and 2, for the accident, by two weeks from date, failing which the amount will carry interest at 6% per annum simple calculated on and from 12th March, 2014 (date of presentation of the writ petition) till date of payment.

The application is disposed of.

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