IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MFA.No. 118 of 2008 ---------------------------------- OA.248/2002 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/APPLICANTS: 1. S.SOBHANA, 47 YEARS, W/O.LOHIDASAN, CHERUVILAKOM, CHIRAYINKIL, TRIVANDRUM. 2. L.MANAKSHAW, AGED 22, S/O.LOHIDASAN, DO. DO. 3. L.PASHA, AGED 20, S/O.LOHIDASAN, DO. DO. 4. PANKAJAKSHY, AGED 90, MOTHER OF LOHIDASAN, DO. DO. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENT/RESPONDENT: UNION OF INDIA, REP. BY GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI-600 003. BY ADV. SRI.M.P.SUNIL NATH, SC. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.118 of 2008 --------------------------------- JUDGMENT Koshy, J. Standing counsel for the Railways entered appearance. Heard both sides. 2. The Railway Claims Tribunal awarded an amount of Rupees four lakhs to the appellants for the death of the husband of the first appellant. But, the Tribunal did not award the interest, but directed that if the award is not complied within 45 days, interest would be payable at 9% per annum from the date of default. In the decision in Nalini v. Union of India (2008 (3) KLT 17), it was held by us that even though the claimants are not entitled to interest from the date of accident, they were entitled to interest at the bank rate from the date of application as in the case of motor accident claims. Following the same, the award is modified. The Railway is directed to MACA 118/08 2 deposit 7.5% interest per annum from the date of application till the date of deposit of the amount awarded. The impugned award is modified to the above extent. Appeal is, accordingly, allowed. (J.B.Koshy, Judge) 6th August, 2008 (K.P.Balachandran, Judge) tkv