IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MFA.No.(RCT) 58 of 2005 ------------------------------------ [OA.NO.107/2002 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH] .................... APPELLANTS/APPLICANTS: ----------------------------------------- 1. AYISHA C.P., W/O.LATE SAKEER ALI, RESIDING AT `IBIN MAHAL', P.O. THANUR, MALAPPURAM DISTRICT. 2. IBIN (MINOR), REP. BY GUARDIAN SMT.AYISHA C.P., RESIDING AT `IBIN MAHAL' P.O. THANUR, MALAPPURAM DISTRICT. 3. JAMEELA, MOTHER OF LATE SAKEER ALI, RESIDING AT `IBIN MAHAL', P.O. THANUR, MALAPPURAM DISTRICT. BY ADVS. SRI.M.P.KRISHNAN NAIR, SRI.T.N.SUKUMARAN RESPONDENT/RESPONDENT: ------------------------------------------- UNION OF INDIA, REP. BY GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. BY ADV. SRI.N.B.SUNIL NATH,S.C, RAILWAYS. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.F.A.No.58 of 2005 ---------------------------------------- Dated this the 20th day of December 2010 J U D G M E N T K.M.JOSEPH,J The appellants are before us complaining of the award of the Railway Claims Tribunal insofar as interest is awarded only at the rate of 6% per annum from the date of the award. 2. We have heard the learned counsel for the appellants and the learned counsel for the respondent. At the stage of admission itself, in view of the issues involved, we dispose of the matter finally. 3. The claim of the appellants is that the appellants are entitled to interest at the rate of 24% per annum. The learned counsel for the appellants would also submit that the appellants are entitled to interest from the date of the accident. The learned counsel for the respondent brings to our attention a decision of this Court in Thomas v. Union of India [2008(1) KLT 1035] wherein interest is awarded at the rate of 7% per annum from the date of the petition. M.F.A.No.58 of 2005 2 4. We also feel that the appellants can be given the benefit of interest at the rate of 7% per annum and that is also from the date of the petition. Accordingly, we allow the appeal in part and direct that the amount will carry interest at the rate of 7% per annum from the date of the application. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.F.A.No.58 of 2005 3 M.F.A.No.58 of 2005 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010