IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 MFA.No. 245 of 2010() --------------------- OA (IIU) ERS.0189/2009 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/APPLICANTS ------------------------ 1. IRSHAD BEEGAM.A,W/O.LATE JALAL,AGED 24 YEARS,RESIDING AT ALIYATHARA HOUSE,ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. 2. FATHIMA JUMANA(MINOR),D/O.LATE JALAL, AGED 1 1/2 YEARS,ALIYATHARA HOUSE,ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP,REPRESENTED BY HER MOTHER NATURAL GUARDIAN,THE FIRST APPELLANT. BY ADV. SRI.V.K.BALACHANDRAN RESPONDENTS/RESPONDENTS -------------------------- 1. UNION OF INDIA,REPRESENTEDBY THE GENERAL MANAGER,CENTRAL RAILWAY,MUMBAI-452001. 2. UNION OF INDIA,REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY,CHENNAI. 3. KIDAVU HAJI,AGED 77 YEARS,ALIYATHARA HOUSE,ANDROTH ISLAND,UNION TERRITORY OF LAKSHADWEEP-673551. 4. BEEBL,AGED 66 YEARS,W/O.KIDAVU HAJI, RESIDING AT CHAMMANACHERY LAVANAKKAL, ANDROTH ISLAND,UNION TERRITORY LAKSHADWEEP-673551. (ADDRESS OF THE 2ND RESPONDENT IS CORRECTED AS PER I.A.NO.195/2011 DATED 25/1/2011) ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R1 &2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A.M.SHAFFIQUE, JJ. ---------------------------------------------------------- M.F.A. . No. 245 of 2010-D -------------------------------------------------------- Dated this the 22nd day of December, 2011 J U D G M E N T K.M. Joseph, J. The appellants are the applicants before the Railway Claims Tribunal. The Tribunal has awarded compensation for sum of Rs.4,00,000/-. 45 days time was granted for payment, failing which applicants were found entitled to 6% interest from the date of default. 2. We heard the learned counsel for the appellants and the learned counsel for the respondents. The complaint of the appellants is non-awarding of interest from the date of application. There was claim of interest @ 12%. We take note of the principle laid down by this Court in the decision reported in Union of India v. Brigeet Chacko (2007(3) KLT 603) held inter alia as follows: “There is no dispute regarding the amount to be computed in railway accident claims as amount of compensation for death and other injuries is prescribed by the Schedule. Whatever be the income, age etc., the same amount is payable if a person is of -2- M.F.A.245/2010 injured in an untoward accident while travelling in train with ticket. So it cannot be stated that amount is determined only at the time of final adjudication of the award and interest can be directed to be paid only from the date of award. There is no provision under the Railways Act or Rules regarding payment of interest. Under S.4A of the Workmen's Compensation Act, interest is payable from the date of accident as that is the date when the compensation becomes due. In the Motor Vehicle Act also there is no specific provision regarding payment of interest on the compensation awarded. Interest is payable from the date of application at such rate at the discretion of the Tribunals. While awarding interest, Tribunal can consider the bank rate also. Here the interest was ordered only from the registration of the case that too only at the rate of 6% per annum”. We also take note of the principle laid down by the decision of the Apex Court reported in Thazhathe Purayil Sarabi v. Union of India [ 2009(4) KLT 370 (s.c)] we see no reason why the appellants should be denied interest from the date of application. -3- M.F.A.245/2010 Accordingly, we allow the appeal. We modify the order and we direct that the respondents shall be liable to pay interest @ 6% from the date of the application till the date of payment. Any amount as paid as interest by the respondents can be adjusted by them. They will pay interest in the same proportion as indicated in the impugned order. K.M.JOSEPH,JUDGE A.M.SHAFFIQUE, JUDGE. rka