IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 MFA.No. 669 of 2003() --------------------- OA.229/2002 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH .................... APPELLANT/ PETITONER. ------------------------ ABBOBACKER, S/O.MOHAMMED, AGED 46 YEARS, KUNDUKULAM HOUSE, VALLAPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.R.PADMARAJ SRI.BIJU HARIHARAN SRI.N.P.SETHU SMT.T.A.THRESIAMMA RESPONDENT: RESPONDENT. --------------------------- UNION OF INDIA OWNING SOUTHERN RAILWAY, REP. BY GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI - 3. ADV. SRI.M.P.SUNIL NATH,SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.F.A.NO: 669 OF 2003 ----------------------------------------------------------- Dated this the 22nd August, 2008. JUDGMENT Koshy, J. Appellant sustained injuries in Kadalundi train accident which happened on 22.6.2001. As a result of the accident he sustained fracture of both bones right tibia, amputation through proximal phalanx (L) thumb, crush injury (L) index finger and movement restricted and injuries all over the body. Tribunal has awarded compensation amounting to Rs.2 lakhs as provided under Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997. It is the contention of the petitioner that Rs.1,75,000/- was spent as treatment expenses in private hospital. The railways has reimbursed the medical expenses of all victims involved in the very same accident. The appellant was treated in the Medical College Hospital, Kozhikode and Faroke Hospital (P) Ltd., Faroke, as suggested by the railways. But since the appellant was treated not in a hospital suggested by the railways, they did not pay back the amount spent on medical expenses. Under the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997, there is no provision for reimbursement of medical expenses. It is true that since the train fell into the river at Kadalundi, the railways had given free treatment to the accident victims in the M.F.A. NO: 669/03 2 various hospitals suggested by railways and those who were passengers involved in the accident. 2. In any event since the rules do not provide for granting medical reimbursement, the Tribunal was justified in not granting the medical expenses. The claims under the rules are alike Section 163A of the Motor Vehicles Act. It is contended that interest was not awarded but only default interest at the rate of 6% was awarded from the date of award. According to the claimant interest should be awarded from the date of accident at the standard rate of interested granted by the Tribunal. It is true that rule is silent in regard to the payment of interest. Under the Motor Vehicles Act also there is no specific provision for granting interest but interest is granted from the date of application as decided by the Apex Court. Hence the claimant is entitled to interest on the amount of Rs.2 lakhs (Rupees two lakhs only) awarded at the rate of 7.5% from the date of application till the date of deposit (bank rate at the time of passing of award). The appeal is allowed to the above extent. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: