IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MFA.No.147 of 2008 (A) ---------------------------- OA.259/2002 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS: APPLICANTS: -------------------------------- 1. U.V.LAKSHMI, W/O.LATE KORAN, KULATHINGAL HOUSE, KIZHAKKUMKARA P.O., AJANUR, VIA.ANANDASHRAM, KASARGOD DISTRICT 671531. 2. U.V.PADMINI, D/O.LATE KORAN, KULATHINGAL HOUSE, KIZHAKKUMKARA P.O., AJANUR, VIA.ANANDASHRAM, KASARGOD DISTRICT 671531. 3. U.V.LALITHA, D/O.LATE KORAN, KULATHINGAL HOUSE, KIZHAKKUMKARA P.O., AJANUR, VIA.ANANDASHRAM, KASARGOD DISTRICT 671531. 4. RADHA, D/O.LATE KORAN, KULATHINGAL HOUSE, KIZHAKKUMKARA P.O., AJANUR, VIA.ANANDASHRAM, KASARGOD DISTRICT 671531. 5. OMANA, D/O.LATE KORAN, KULATHINGAL HOUSE, KIZHAKKUMKARA P.O., AJANUR, VIA.ANANDASHRAM, KASARGOD DISTRICT 671531. 6. U.V.ASHOKAN, S/O.LATE KORAN, KULATHINGAL HOUSE, KIZHAKKUMKARA P.O., AJANUR, VIA.ANANDASHRAM, KASARGOD DISTRICT 671531. BY ADV. SRI.A.K.MADHAVAN UNNI RESPONDENT: RESPONDENT: ---------------------------------- UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.147 of 2008 ------------------------------------------------ Dated this the 6th day of October, 2008 JUDGMENT Koshy, J Heard both sides. 2. First appellant is the wife and appellants 2 to 6 are the children of the deceased railway accident victim. The Railway Claims Tribunal awarded an amount of Rupees Four lakhs as compensation to all the appellants. The Tribunal did not award interest, but, directed that if the award is not complied within 45 days, interest would be payable at 9% per annum from the date of default. 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 were entitled to interest at the bank rate from the date of M. F. A. No.147 of 2008 -2- application as in the case of motor accident claims. Following the same, the award is modified. The Railway is directed to pay the interest at the rate of 7.5% per annum from the date of application till the date of payment of the amount awarded. Appeal is allowed to the above extent. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-