IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 MFA.No. 66 of 2008() -------------------- OA.45/2005 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: APPLICANT: -------------------------------------- NALINI.B, W/O.LATE MOHANA H, AGED 51 YEARS, RESIDING AT KMC 111/341, BEHIND SRI KRISHNA MANDIR, KANHANGAD PO, KASARGOD DISTRICT, KERALA. BY ADV. SRI.SONY VINCENT RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. UNION OF INDIA REPRESENTED BY THE CHAIRMAN, KONKAN RAILWAY CORPORATION, MUMBAI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. BY SRI. M.C. CHERIAN, SC THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 66 of 2008 --------------------------------------- Dated this the 5th day of June, 2008 Judgment Koshy,J. An unfortunate mother applied for compensation for Rs.Four lakhs with interest for the death of her son while travelling as a bonafide passenger on 3.3.2005. The tribunal found that she is entitled to compensation and she was a dependent parent and compensation of Rs.Four lakhs was awarded as provided under the Railway Accidents and Untoward Incidents (Compensation) Rules, but, interest was awarded if the amount is not paid within a period of 45 days after passing of the award. Claim of the appellant is that the amount payable for the death of a passenger is fixed and, therefore, compensation is payable by the railway on the date of accident itself and the interest is payable from the date of accident. The learned counsel for the appellant also relied on section 4-A of the Workmen's Compensation Act wherein it is stated that compensation is payable from the date when compensation is due and the date when compensation is due is the date when the accident occurred. Standing counsel for the Railway submits that no M.F.A.No. 66/2008 2 interest is provided under the Railways Act or Rules and, therefore, no interest is payable. In Motor Vehicles Act, there is no provision for payment of interest. But, Hon'ble Supreme Court has held that interest is payable from the date of application. Taking that analogy, we are of the view that interest is payable from the date of application. Award is modified and respondents are directed to deposit the amount ordered with 6% interest from the date of application till its deposit after deducting the amounts already deposited. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 66/2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 66 of 2008 ------------------------------------- Judgment Dated:5th June, 2008