IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MFA.No. 167 of 2008() --------------------- OA.18/2005 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANTS: --------------------------------------------- 1. I.N.KRISHNAN @ KRISHNANKUTTY, S/O.NARAYANAN, KIDANGATTUKUNNEL @ INJIPARAMBIL HOUSE, CHETHICODE P.O., ERNAKULAM DISTRICT. 2. USHA K.K., W/O.I.N.KRISHNAN, KIDANGATTUKUNNEL @ INJIPARAMBIL HOUSE, CHETHICODE P.O., ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM K.JOHN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- UNION OF INDIA, OWNING SOUTHERN RAILWAY, REP. BY GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI - 3. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.F.A.No. 167 of 2008 --------------------------------------- Dated this the 23rd day of October, 2008 Judgment Koshy,J. Respondent takes notice. Appellant lost her son at the age of 21 in a railway accident on 20.10.2004. He fell down from the train while he was travelling in the Bangalore-Thiruvananthapuram Island Express after attending an interview at Bangalore. Appellants filed application for compensation of Rupees Four lakhs. It was found by the Tribunal that the deceased was a bona fide passenger in train No.6525 Bangalore - Trivandrum Island Express on 20.10.2004. Evidence show that he fell down accidentally from the train while travelling, sustained injuries and succumbed to the same. Appellants were not at all responsible for the delay. Tribunal awarded compensation of Rupees Four lakhs. Interest was not awarded from the date of application as contended, but, railway was directed to pay Rupees Four lakhs within 45 days and only 9% interest was awarded from the date of default. The amount of M.F.A.No.167/2008 2 compensation payable is prescribed under the Rules. The appellants lost all their support from the date of accident itself. Therefore, we are of the opinion that interest ought to have been granted at least from the date of application. 2. It is true that there is no specific provision for granting 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 claimants have to be compensated. In this connection, we refer to the decision of this Court in Union of India v. Thankaraj (2000 ACJ 651) and also the following decisions of the Hon'ble Supreme Court in 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). M.F.A.No.167/2008 3 3. 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 in granting 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 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 K.P.Balachandran Judge vaa M.F.A.No.167/2008 4 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- M.F.A.No. 167/2008 ------------------------------------- Judgment Date:23rd October,2008