IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MFA.No. 185 of 2008() --------------------- OA.28/2004 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANTS: --------------------------------------------- 1. MALLIKA, W/O THULAPARAMBIL PRABHAKARAN, MANICHUVADU, P.O.MUTTITHADI, KALLOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, KERALA. 2. PRAJESH, S/O THULAPARAMBIL PRABHAKARAN, MANICHUVADU, P.O..MUTTITHADI, KALLOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, KERALA. 3. PRAVI, S/O THULAPARAMBIL, MANICHUVADU, P.O.MUTTITHADI, KALLOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, KERALA. BY ADV. SRI.SIVARAM SRI.SHANKAR V. RESPONDENT(S): RESPONDENT: --------------------------------------------------- UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER SOUTHERN RAILWAY, CHANNAI. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No. 185 of 2008 --------------------------------------- Dated this the 26th day of November, 2008 Judgment Koshy,J. Husband of the first appellant died in an untoward accident that took place on 6.8.2003. It is contended by the appellants that the deceased was travelling from Rameswaram to Palakkad in train No.764 passenger train on 6.8.2003, that due to the sudden jerk of the train, he was pushed out of the train at Oddanchatram railway station and that he sustained severe injuries and succumbed to it on the spot. Contention of the respondent- railway was that the deceased was not a bona fide passenger who fell down from the train accidentally. After considering the evidence, it was found by the Tribunal that the deceased was a bona fide passenger in train No.764 on 6.8.2003. 2. Appellants contended that they are 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 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. Appellants are not responsible for the delay and they have to be compensated. In this connection, we refer M.F.A.No.185/2008 2 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 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.185/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No. 185/2008 ------------------------------------- Judgment Date:26th November,2008