IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 MFA.No. 115 of 2010 ------------------- AGAINST THE ORDER DATED 03/03/2010 IN OA(IIU)ERS/2009/167 IN OA.167/2009 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANT ----------------------- JAWAHIR, S/O.BABU NANDAN, AGED 39 YEARS, RESIDING AT BADAGON P.O., GYANPUR, BADHOHI, UTTARPRADESH. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT ------------------------- 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 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MFA.No. 115 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010 Judgment Basheer, J: The only question that arises for consideration in this appeal which is directed against the judgment of the Railway Claims Tribunal, Ernakulam is whether the Tribunal was justified in refusing to award interest to the appellant/applicant while awarding compensation for the injuries sustained by him in an untoward accident, as provided under Section 124A of the Railways Act. 2. The above question is no more res integra in view of a catena of decisions, especially the decision reported in Thazhathe Purayil Sarabi & Ors. v. Union of India & anr. 2009 (7) SCC 372. It has been held by their Lordships that “interest is essentially a compensation payable on account of denial of the right to utilise the money due which has been in fact utilised by the person withholding the same”. 3. In that view of the matter, it is held that the appellant shall be entitled to get interest at the rate of 6% from the date of application till the date of the judgment passed by the Tribunal and also at the rate of 9% from the date of judgment till the date of realisation. The respondent : 2 : shall pay interest on the amount of compensation as directed above, within one month from the date of receipt of a copy of this judgment. The appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.