IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MFA.No. 151 of 2007() ------------------------------ O.A.NO.249/2002 OF THE RAILWAY CLAIMS TRIBUNL ERNAKULAM BENCH ............................... APPELLANT/APPLICANT: ------------------------------------ K.P. SHERINA, KOOTTINGAL PARAMBA, 15/160, SAJITHA MANZIL, PARAPPIL, FRANCIS ROAD BEACH, P.O. KALLAI, CALICUT-670 003. BY ADV. SRI.A.K.MADHAVAN UNNI RESPONDENT/RESPONDENT: ------------------------------------------ UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY HEADQUARTERS, CHENNAI. BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS ADV. SRI.N.B.SUNIL NATH, SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.F.A.No.151 of 2007 --------------------------------------- Dated this the 24th day of October, 2008 Judgment Koshy,J. Husband of the appellant died in an untoward incident while travelling as a passenger in the train on 25.2.1999. She filed an application for compensation as early as in 2002. 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 that he was a bona fide passenger in train No.6330 on 24.2.1999. Ext.A5 F.I.R. and other documentary evidence show that he fell down from the train accidentally and succumbed to the injuries. There was no serious dispute regarding the same. Appellant was not at all responsible for the delay, but, Tribunal awarded compensation of Rupees Four lakhs as per Part I of Schedule to Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997. Interest was not awarded from the date of application as contended. But, railway was directed to pay Rupees Four lakhs within 45 days from the date of receipt of a copy of the order and only M.F.A. No. 151/2007 2 6% interest was awarded from the date of default. The amount of compensation payable is prescribed under the Rules. The appellant lost all her support from the date of accident itself. Therefore, we are of the opinion that interest ought to have been granted from the date of application. 2. 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 claimant 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. 151/2007 3 3. 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 in granting interest as the claimant was not responsible for the delay. 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 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 K.P. Balachandran Judge vaa M.F.A. No. 151/2007 4 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- M.F.A.No.151/2007 ------------------------------------- Judgment Date:24th October,2008