IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MFA.No. 89 of 2008() ---------------------------- OA.37/2006 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS: APPLICANTS -------------------------------------- 1. ABDUL KHADER (FAHTER OF THE DECEAASED), S/O. ABOBACKER, AGED 54 YEARS, RESIDING AT CERAMICS ROAD, KORAKKAD, THALANGARA, KASARGOD. 2. N. NABEESA (MOTHER OF THE DECEASED), AGED 47 YEARS, RESIDING AT CERAMICS ROAD, KORAKKAD, THALANGARA, KASARAGOD. BY ADV. SRI.SONY VINCENT RESPONDENTS/ RESPONDENT -------------------------------------------- UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOTHERN RAILWAY, CHENNAI. BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.89 OF 2008 ------------------------------------- Dated 15th July, 2008 JUDGMENT Koshy,J . Heard both sides. 2. Son of the appellants died in a railway accident. Trailway Claims Tribunal awarded an amount of Rs.4,00,000/= and directed the Railways to pay the amount within 45 days of the award failing which interest was awarded at the rate of 9% per annum from the date of default. Contention of the appellants is that interest should be awarded from the date of accident. In Nalini v. Union of India (2008 (3) KLT 17) we have held that in the absence of any provision like in the Motor Vehicles Act, interest should be payable from the date of application. Interest will be at the current rate at the time of passing the award. In the above circumstances, the above Rs.4,00,000/= should be deposited by the respondent with 7.5% interest from the date of application till its deposit. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks