IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 MFA.No. 35 of 2008 --------------------------- TA.18/2001 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .............................. APPELLANTS: -------------------- 1. MRS. MINI ROY, W/O.LATE ROY B.MANCHERI MANJERI HOUSE, MUDIYOORKONAM, PANDALAM VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT KERALA STATE. 2. RAYIAN ROY, AGED 10 YEARS (MINOR) D/O.LATE ROY B.MANCHERI, REP. BY MRS.MINI ROY W/O.LATE ROY B.MANCHERI, MANJERI HOUSE MUDIYOORKONAM, PANDALAM VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT, KERALA STATE. 3. M.D. BABY, F/O.LATE ROY B.MANCHERI MANJERI HOUSE, MUDIYOORKONAM, PANDALAM VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE 4. ANNAMMA BABY, M/O.LATE ROY B.MANCHERI MANJERI HOUSE, MUDIYOORKONAM, PANDALAM VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE BY ADV. SRI.T.N.SUKUMARAN SRI.V.B.NARAYANAN RESPONDENTS: ---------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, CENTRAL RAILWAY, BOMBAY V.T. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 18/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------- M.F.A.No.35 OF 2008 ------------------------------------- Dated 18th March, 2008 JUDGMENT Koshy,J . Husband of the first appellant died by falling down from a train on 20.12.1999 and the appellants approached the Railway Tribual for compensation. Tribunal awarded Rs.4,00,000/= as compensation considering the Schedule of Railways Accidents and Untoward Incidents Compensation (Amendment) Rules, 1997. Complaint is that interest was awarded only from the date of adjudication and not from the date of application. In Union of India v. Brigeet Chacko (2007 (3) KLT 603), a Division Bench of this court held that if the Tribunal awarded interest from the date of application, this court cannot interfere in the same at the instance of the Railways. Here the Tribunal awarded interest from the date of adjudication. Awarding of interest is the discretion of the Tribunal and it is not statutory as provided under the Workmen's Compensation Act. Appeal will not lie only on the question of interest. Hence, the appeal is dismissed. J.B.KOSHY JUDGE K.T.SANKARAN JUDGE tks