IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 MFA.No. 200 of 2007(S) ---------------------- O.A.NO.45/2003 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM APPELLANT: APPICANTS -------------------- 1. SMT. BEENA CHERIAN, ELANJUMOOTTIL HOUSE,VANMAZHI, PANDANAD P.O. CHERYANNUR,ALLEPPEY DISTRICT, (KERALA). 2. SMT.JOEMOL JOSE, THOZHUVATTINGAL HOUSE, NEDUMPURAM, THIRUVALLA, KERALA STATE. 3. SRI. GEEVARGHESE CHANDY, LAZAR BHAVAN M.M.ROAD, NELLOONNI P.O., MATTANNUR KANNUR DISTRICT (KERALA). 4. SRI.JOSEPH CHANDY,ALIAS BABY CHANDY LAZAR BHAVAN,M.M.ROAD, NELLOONNI P.O., MATTANNUR, KANNUR DISTRICT (KERALA). 5. SRI.SABU CHANDY, LAZAR BHAVAN,M.M.ROAD, NELLOONNI P.O., MATTANNUR, KANNUR DISTRICT (KERALA). P/A/H REP LAZER CHANDY 7TH APPELLANT. 6. SMT.BINDU THOMAS, KALLARAKKAL HOUSE KOTTIYOOR, KANNUR DISTRICT (KERALA) 7. SRI. LAZAR, LAZAR BHAVAN,M.M.ROAD, NELLOONNI P.O., MATTANNUR, KANNUR DISTRICT (KERALA). 8. SRI.JOHN CHANDY, LAZAR BHAVAN,M.M.ROAD, NELLOONNI P.O., MATTANNUR, KANNUR DISTRICT (KERALA). PIN 670 602,REP. BY P/A/H LAZAR CHANDY 7TH APPELLANT. BY ADV. SRI.K.P.SARVOTHAMAN MFA.No. 200 of 2007(S) RESPONDENTS: RESPONDENTS ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER,CENTRAL RAILWAY, MUMBAI. 2. GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. FOR R2 ADV. SRI.R.SATISH KUMAR, SC FOR R1 ADV. SRI.M.C.CHERIAN, SC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M.F.A.No.200 of 2007 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 30th day of January, 2008 J U D G M E N T Koshy, J. A 25 year old youngster died accidentally during his journey in a suburban train in Mumbai. The Tribunal found that it was untoward incident and the claims filed by the legal representatives/dependents of the deceased were accepted and directed the first respondent to pay compensation of Rs.4,00,000/-, fixed as per the Rules, within 45 days. The Tribunal also awarded 6% interest per annum from the date of default till payment. 2. The contention of the appellants is that the Tribunal did not award interest from the date of application of the case. 3. Considering the fact that the appellants are only brothers and sisters, though they also can be considered as dependents, the Tribunal used discretionary power and ordered interest from the date of default of payment. The awarding of M.F.A.No.200/2007 -: 2 :- interest is the discretion of the Tribunal and, on the facts and circumstances of the case, we are of the opinion that there is no necessity to interfere with the order of the Tribunal, using appellate powers. Appeal is therefore, dismissed. It is submitted by the learned counsel for the Railway that they are making arrangements for the payment ordered and they will make payment within one month from today. This submission is recorded. (J.B.KOSHY, J UDGE) (K.HEMA, J UDGE ms