IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 MFA.No. 1195 of 2001(D) ---------------------------------- O.A. NO.53/1999 OF THE RAILWAYS CLAIMS TRIBUNAL . --------- APPELLANTS: APPLICANTS ------------------- 1. ANTHONIAR PICHA, S/O. MICHEL PALLIVILAKAM, PARUTHIYOOR P.O., POZHIYOOR, KULATHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. GLORY W/O. ANTHONIYAR PICHA DO. DO. 3. SINDHU, D/O. ANTHONIAR PICHA DO. DO. 4. BINDU D/O/ ANTHONIAR PICHA, DO. DO. 5. SURESH, S/O. ANTHONIAR PICHA, DO. DO. BY ADV. SRI.A.K.MADHAVAN UNNI RESPONDENT: RESPONDENT --------------------- UNION OF INDIA, REP.BY THE GENERAL MANAGER, SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS, CHENNAI 600 003. BY ADV. SC FOR RAILWAYS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1195 OF 2001 ------------------------------------- Dated 11th February, 2008 JUDGMENT Koshy,J . Parents, two sisters and one brother of a youngster aged 21 filed an application for compensation contending that the deceased sustained fatal injuries in an accident while travelling in a train. Tribunal awarded Rs.4,00,000/= after holding that he is entitled to compensation as accident occurred due to untoward incident rejecting the contentions of the Railways. But, Tribunal awarded 9% interest only from the date of the award. Contention of the appellant is that interest ought to have been awarded from the date of application itself. Grant of interest is the discretionary power of the Tribunal and only on the question of granting interest no appeal will lie. But, considering the facts and circumstances of the case and considering the fact that the deceased was an unmarried person, we are of the opinion that no interference is required in the award. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks