IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MFA.No. 173 of 2008() --------------------- OA.49/2006 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH .................... APPELLANT(S): ------------------------ MURUGAMMA, W/O.LATE DHARMARAJ, HOUSE NO. 11-8 AZHAKIYAPANDIYAPURAM P.O. NAGERCOIL, TAMIL NADU 629 851. BY ADV. SRI.MARTIN G.THOTTAN SRI.P.RADHAKRISHNAN (VELLANGATTU) RESPONDENT(S): --------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No.173 of 2008 --------------------------------------- Dated this the 17th day of November, 2008 Judgment Koshy,J. Appellant lost her son at the age of 16 in a railway accident on 15.7.2006. The deceased was working as a manual labourer at Ernakulam and he boarded train No.6128 Guruvayur- Chennai Express for travel upto Nagercoil. Since there was heavy rush of passengers in the general compartment, the deceased accidentally fell down from the train due to the jerk when the train reached Karunagappally station. He sustained grievous injuries and subsequently succumbed to it while undergoing treatment at the Taluk Hospital, Karunagappally. Appellant, mother of the deceased along with two sisters of the deceased, filed application for compensation. Contention of the respondent-railway was that the deceased fell down due to his own negligent act as he was standing near the door and that travel by standing near the door way is prohibited and as such the incident is not an untoward incident and, therefore, they are not liable to pay compensation. After considering the evidence, it was found by the Tribunal that the M.F.A.No. 173/2008 2 deceased was a bonafide passenger in train No.6128 Guruvayur- Chennai Express on 15.7.2006. Ext.A3 FIR and other documentary evidence show that the deceased died due to injuries sustained in an accidental fall from the train. There was no serious dispute regarding the same. 2. Appellant contended that claimant is not at all responsible for the delay. 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 claimant due to the untoward incident. 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 appellant is not responsible for the delay and she has 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). M.F.A.No. 173/2008 3 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 claimant was not responsible for the delay. Appellant claimed only 6% interest. Hence, we award simple interest at the rate of 6% per annum from the date of application till the date of payment of award 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. 173/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No.173/2008 ------------------------------------- Judgment Date:17th November,2008