IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MFA.No. 127 of 2008() --------------------- OA.26/2005 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANT: -------------------------------------------- MARY, W/O.LATE ISSAC @ MANI, 63 YEARS, RESIDING AT CHENALI HOUSE, PATTAYAMPADAM, KORENCHIRA PO., ALATHUR TALUK, PALAKKAD. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): RESPONDENT: --------------------------------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI, REP. BY THE PRESENTING OFFICER, SOUTHERN RAILWAY, ESWAR BUILDING, IIND FLOOR, SOUTH RAILWAY STATION ROAD, ERNAKULAM-682 016. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No. 127 of 2008 --------------------------------------- Dated this the 7th day of November, 2008 Judgment Koshy,J. Husband of the appellant died in an untoward accident while travelling as a passenger in train No.6128 Guruvayur-Egmore on 3.4.2004. She filed an application for compensation as early as in 2005. Contention of the respondent-railway was that the deceased was not a bona fide passenger and the applicant has made a concocted story of pick-pocketing and stabbing by a co- passenger. After considering the evidence, it was found that he was a bona fide passenger in train No.6128 Guruvayur-Egmore on 3.4.2004. Ext.A3 F.I.R. and other documentary evidence show that the accident happened on 3.4.2004 in train No.6128 Guruvayur- Egmore and succumbed to the injuries at the Medical College Hospital, Thrissur on 7.4.2004. There was no serious dispute regarding the same. 2. Appellant contended that she was not at all responsible for the delay. M.F.A.No.127/2008 2 3. 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 claimant 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 appellant is not responsible for the delay and she has 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 claimant was 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.127/2008 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.127/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No. 127/2008 ------------------------------------- Judgment Date:7th November,2008