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 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MFA.No. 142 of 2008() --------------------- OA.66/2000 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANTS: ---------------------------------------------- 1. AISHA, S/O LATE ARUNDHATHI, PALLICKAL HOUSE, NEAR AYANTAVILA TEMPLE, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM. 2. ANILKUMAR, S/O LATE ARUNDHATHI, PALLICAL HOUSE, NEAR AYANTAVILA TEMPLE, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM. 3. JAYAKUMAR, S/O.LATE ARUNDHATHI, PALLICAL HOUSE, NEAR AYANTAVILA TEMPLE, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM (BEING OF UNSOUND MIND REPRESENTED BY THE 1ST APPELLANT) BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): RESPONDENT: --------------------------------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No.142 of 2008 --------------------------------------- Dated this the 25th day of November, 2008 Judgment Koshy,J. Mother of the appellants died in an untoward accident that took place on 11.7.1999 while travelling in train No.6330 Malabar Express from Kadakkavoor to Trivandrum. It is contended by the appellants that after the deceased got into the train, the train moved and the door slammed against the deceased who fell down from the train, that the train passed over her and sustained serious injuries, that she was taken to the Taluk Headquarters Hospital, Chirayinkeezh and thereafter to the Medical College Hospital, Thiruvananthapuram and that while undergoing treatment she died on 17.7.1999. Contention of the respondent-railway is that the deceased was not a bonafide passenger as ticket was not produced. After considering the evidence, the Tribunal found that the deceased was a bonafide passenger from Kadakkavoor to Trivandrum by train No.6330 on 11.7.1999. 2. Appellants contended that they were not at all responsible for the delay. 3. It is true that there is no specific provision for granting M.F.A.No.142/2008 2 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. 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 M.F.A.No.142/2008 3 amount considering the bank rate of interest prevailing at the time of passing the award. The award is modified accordingly. Appeal is allowed. J.B. Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No.142/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No. 142/2008 ------------------------------------- Judgment Date:25th November,2008