IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MFA.No. 143 of 2008(A) ---------------------- OA.19/2003 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELICANTS: ----------------------------------------------- 1. M.C.THANKAMANY, AGED 52 YEARS, W/O.P.K.KUMARAN, PEEKAPPURATH HOUSE, KANJIRATHINGAL DESOM, KOTTAKKAMPAL VILLAGE, TRICHUR TALUK, TRICHUR DISTRICT, KERALA STATE. 2. P.B.BABISHA, AGED 6 YEARS, D/OP.K.BHASKARAN, PEEKAPPURATH HOUSE, KANJIRATHINGL DESOM, KOTTAKKAMPAL VILLAGE, TRICHUR TALUK, TRICHUR DISTRICT, MINOR REPRESENTED BY GRAND MOTHER M.C.THANKAMANY. BY ADV. SRI.A.K.MADHAVAN UNNI RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTH EASTERN RAILWAY, CALCUTTA. 2. M.K.SUSEELA, W/O. LATE P.K. BHASKARAN, D/O. KOCHUKUTTAN, MUTHUVANNUR HOUSE, PUTHUR , P.O. KAIPARAMBU, TRICHUR DISTRICT, KERALA STATE. 3. SOUTHERN RAILWAY ADMINISTRATION BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. ADV. SRI.SUBAL J.PAUL, SC, RAILWAYS FOR R1 & 3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.F.A. No.143 of 2008 --------------------------------------- Dated this the 29th day of October, 2008 Judgment Koshy,J. First appellant lost her son at the age of 34 in an untoward accident that took place on 15.11.2001 at a place called Uluberia while travelling from Howrah to Chennai by train No.2841 Coromandal Express. He accidentally fell down from the train when the train reached at Uluberia near Birshibpur station and died. Second respondent is the wife of the deceased. Tribunal awarded compensation of Rupees Four lakhs. Pendente lite interest was not awarded. Railway was directed to pay Rupees Four lakhs within 45 days and only 9% interest was awarded from the date of default. The amount of compensation payable is prescribed under the Rules. The appellants lost all their support from the date of accident itself. Discretion of the Tribunal in granting interest should be exercised judiciously. 2. 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 claimants due to the untoward M.A.C.A. No. 143/2008 2 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 appellants are not responsible for the delay and claimants have to be compensated. In this connection, we refer to the decision of this Court in Union of India v. Thankaraj (2000 ACJ 651) and also the following decisions of the Hon'ble Supreme Court in 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). 3. 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 in granting interest as the claimants were 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.A.C.A. No. 143/2008 3 amount considering the bank rate of interest prevailing at the time of passing the award in addition to the awarded amount. The award is modified accordingly. Appeal is allowed. J.B.Koshy Judge K.P. Balachandran Judge vaa M.A.C.A. No. 143/2008 4 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- M.F.A. No. 143/2008 ------------------------------------- Judgment Date:29th October,2008