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 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MFA.No. 190 of 2008() --------------------- TA.64/2002 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANTS: ---------------------------------------------- 1. K.N.SADANANDAN, KONDELTHARAYIL, VANDANMEDU P.O., IDUKKI DISTRICT, KERALA STATE. 2. K.K.SANTHAMMA, W/O.K.N.SADANANDAN, KONDELTHARAYIL, VANDANMEDU P.O., IDUKKI DISTRICT, KERALA STATE. BY ADV. SRI.A.K.MADHAVAN UNNI SRI.S.RAMACHANDRAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, KONKAN RAILWAY, MUMBAI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. BY ADV. SRI. B.JAYASANKAR, SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No. 190 of 2008 --------------------------------------- Dated this the 28th day of November, 2008 Judgment Koshy,J. Appellants lost their son in an untoward accident that took place on 28.8.2000 near Kudal Railway station. It is contended by the appellants that the deceased was travelling by train No.2618 Mangala Express from Nizamuddin to Thrissur, that, due to the jerk of the train, the deceased who was standing near the door, fell down from the train, sustained injuries and succumbed to it. Contention of the respondent-railway was that the deceased has jumped from the train in between Sindhudurg and Kudal stations and that it is not a untoward accident and, therefore, they are not liable to pay compensation. After considering the evidence, it was found by the tribunal that the deceased died out of an untoward accident that took place on 26.8.2000. 2. Appellants contended that they were not at all responsible for the delay. M.F.A. No.190/2008 2 3. It is true that there is no specific provision for granting interest from the date of application, but, compensation is paid to offset the loss suffered by the claimants due to the untoward accident. The Railway ought to have paid the amount at the time of accident itself and, in any event, at the time when it received the copy of the application. The appellants are not responsible for the delay and they have to be compensated. In this connection, we refer to the decision of this Court in Union of India v. Thankaraj (2000 ACJ 651); Union of India v. Laxmi Pati (1995 ACJ 791); Avalakki v. Union of India (2001 ACJ 1258); Union of India v. Oinam Keirungba Meetel (2008 ACJ 783 - Gauhati); Prasant Kumar Choudhury v. Union of India (2008 ACJ 685); Union of India and others v. Smt.Shamim and others (AIR 2008 Rajasthan 99) and N. Parameswaran Pillai and another v. Union of India and another ((2002) 4 SCC 306). 4. In the above circumstances, we are of the opinion that the Tribunal ought to have awarded interest from the date of application on the facts of this case and exercised judicial discretion to grant interest as the claimants were not responsible for the delay. Appellants claimed 15% interest. But, bank rate of interest is 7.5%. Hence, we award simple interest at the rate of 7.5% per annum from the date of application till the date of payment of award M.F.A. No.190/2008 3 amount considering the bank rate of interest prevailing at the time of passing the award. The award is modified accordingly. Appeal is allowed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A. No.190/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No. 190/2008 ------------------------------------- Judgment Date:28th November,2008