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 26TH AUGUST 2008 / 4TH BHADRA 1930 MFA.No. 120 of 2008(E) --------------------------------- O.A. NO. 36/2004 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH. .................... APPELLANT/ APPLICANT: ------------------------------------- K.K.GOPINATHAN ACHARI,KOCHUVEETIL, KIZHAKKETHIL, PARUMALA POST OFFICE, PATHANAMTHITTA DISTRICT, KERALA. BY ADV. SRI.MARTIN G.THOTTAN. RESPONDENT/ RESPONDENT: -------------------------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI -3. BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- M.F.A.No.120 OF 2008 ------------------------------------- Dated 26th August, 2008 JUDGMENT Koshy,J . Heard both sides. 2. The Railway Claims Tribunal awarded an amount of Rupees Four lakhs to the appellant for the death of his wife. The Tribunal did not award interest, but, directed that if the award is not complied with within 45 days, interest would be payable at 9% per annum from the date of the order. In the decision in Nalini v. Union of India (2008 (3) KLT 17), it was held by us that even though claimants are not entitled to interest from the date of accident, they are 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 deposit the interest at the rate of 7.5% per annum from the date of application till the date of deposit of the amount awarded. Appeal is allowed to the above extent. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks