IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 MFA.No. 193 of 2010() -------------------------------- (AGAINST THE ORDER DATED 20/08/2010 IN ERS/2009/01.36 IN OA.11U/2009 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM) .................... APPELLANT/APPLICANT ------------------------------------ K.M.PADMAVATHY, W/O.K.KUNHAMBU(LATE)PADUVALAM, PILLCODE P.O.,KASARAGOD DISTRICT-671353 BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S)/RESPONDENTS ------------------------------------------------- 1. CHAIRMAN, KONKAN RAILWAY,NEW MUMBAI 2. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI. R1 BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS R2 BY ADV.SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = M.F.A.No.193 of 2010-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.This appeal is by the claimant in an original application filed before the Railway Claims Tribunal seeking compensation for the death of her son in a railway accident. She challenges the refusal to grant interest on the amount awarded. 2.We have heard the learned counsel for the appellant and also the learned standing counsel for the Railways. 3.The appellant, the mother of the 34 year old deceased has been denied interest on the awarded amount on the ground that neither she nor her counsel was present on different posting dates. Out of the different posting dates noted, the first four posting dates essentially did not require the presence of either the applicant or her counsel since it was only on 25.8.2009 that MFA193/10 -: 2 :- the Railways filed their reply to the original application. The evidence was closed sometime in March or April, 2010 and the arguments were held on 9.10.2010 and 30.10.2010. Obviously, there was no inordinate delay attributable to any laches of the applicant or her counsel, to deprive the mother of the deceased of the benefit of interest on the awarded amount. In the result, this appeal is allowed in part. The first respondent is directed to pay interest at the rate of 8% per annum on the amount of Rs.4 lakhs to the applicant payable from the date of filing of the original application from which this appeal arises. The respondents are given 60 days' time to comply with the terms of this appellate order failing which the appellant- applicant will be entitled to 12% interest from the date of such default. No costs. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2302