IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 MFA.No. 38 of 2008() ------------------------------ OA.28/2001 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): CLAIMANTS 1 TO 3 IN OA. 28/01 OF RLY. CLAIMS TRIBUNAL ------------------------- 1. VALSALAKUMARI.P., AGED 43 YEARS, W/O LATE GOPALAKRISHNAN, RESIDING AT WEST POLICE QUARTERS, W.E.18, KAIKULANGARA, KOLLAM-12. 2. DIVYA KRISHNAN, AGED 21 YEARS, D/O LATE GOPALAKRISHNAN, RESIDING AT WEST POLICE QUARTERS, W.E.18, KAIKULANGARA, KOLLAM-12. 3. DEEPU KRISHNAN, AGED 19 YEARS, S/O LATE GOPALAKRISHNAN, RESIDING AT WEST POLICE QUARTERS, W.E.18, KAIKULANGARA, KOLLAM-12. BY ADV. SRI.ANIL KUMAR SREEDHARAN RESPONDENT(S): RESPONDENT ------------------------- UNION OF INDIA OWNED BY SOUTHERN RAILWAY, REP. BY GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No. 38 of 2008 --------------------------------------- Dated this the 9th day of December, 2008 Judgment Koshy,J. Husband of the first appellant died in an untoward accident that took place on 8.7.1998 near Kottarakkara railway station. It is contended by the appellants that the deceased while travelling with his co-brother by Tirunelveli - Kollam train No.745 from Avaneeswaram to Quilon fell down from the train, sustained very serious injuries and succumbed to it at Kottarakkara Taluk Hospital on 8.7.1998. Contention of the respondent-railway was that the deceased fell down while entraining the moving train and that he was not a bonafide passenger. It was also the contention of the railway that the deceased fell down due to his own rash and negligent act and therefore, the railway is not liable to pay compensation. After considering the evidence, it was found by the Tribunal that the deceased was a bonafide passenger in train No.745 Tirunelveli - Quilon passenger and he died due to an accidental fall from the train and that the same is an untoward accident. M.F.A.No. 38/2008 2 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 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 appellants are not responsible for the delay and they have 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). 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. M.F.A.No. 38/2008 3 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 entire interest shall be paid to the first appellant, widow who is also looking after the two children (appellants 2 and 3). The award is modified accordingly. Appeal is allowed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No. 38/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No. 38/2008 ------------------------------------- Judgment Date:9th December,2008