IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MFA.No. 689 of 2003() --------------------- OA.199/2002 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANT: ------------------------ M.R. DAKSHAYANI, W/O. M.C. RISHINATH SREE HARI HOUSE, KODAPALLI PARAMBA, KOTTOOLI POST, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENT: -------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. ADVS. SRI.K.V.SADANANDA PRABHU,SR.SC.RAILWAYS SRI.MURALEEDHARA KAIMAL, ADDL.CGSC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.F.A. NO. 689 of 2003 --------------------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed against the award passed by the Railway Claims Tribunal, Ernakulam in O.A. No.199 of 2002 granting compensation of Rs.30,000/- for the injury sustained by the appellant in the Kadalundi train accident. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Railways. 2. Appellant's case is that her baggage containing, among other things, cash of Rs.2,000/- was lost. However, Standing Counsel appearing for the Railways submitted that in the absence of any evidence, no compensation can be granted for loss of baggage or cash. We are unable to accept this objection because admittedly the appellant was undertaking a long journey to Madras to see off her daughter to a foreign country where she was employed. The appellant was accompanied by her husband and all were injured in the accident. In the normal course, a family going out M..F.A. NO. 689/2003 2 station will have baggages containing clothing and amount required for the journey. The Railways have no case that the baggage was retrieved or returned to the appellant. In the circumstances, we fix Rs.5,000/- as compensation for the loss of baggage and the articles contained therein. The additional compensation will carry interest at the same rate awarded by the Tribunal from the date of the original award till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M..F.A. NO. 689/2003 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.F.A. NO. 689/2003 JUDGMENT 27th November, 2008