IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MFA.No. 175 of 2008() --------------------- OA.5/2006 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANTS 1 & 2: ----------------------------------------------------- 1. S.SOMAN, S/O. SANKARAN, TC 81/1995, THYVILAKAM VEEDU, KINATTUVILAKOM, NEAR KOLATHUKARA TEMPLE, KULATHOOR P.O., THIRUVNANTHAPURAM. 2. G.KRISHNAMMA, W/O. SOMAN, TC 81/1995, THYVILAKAM VEEDU, KINATTUVILAKOM, NEAR KOLATHUKARA TEMPLE, KULATHOOR P.O., THIRUVANANTAPURAM. BY ADV. SRI.MARTIN G.THOTTAN SRI.P.RADHAKRISHNAN (VELLANGATTU) RESPONDENT(S): RESPONDENT: -------------------------------------------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RALWAY, CHENNAI. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.F.A. No. 175 of 2008 --------------------------------------- Dated this the 17th day of November, 2008 Judgment Koshy,J. Appellants lost their son at the age of 36 in an untoward accident that took place on 10.9.2005 at Wadakancherry Railway station. It is contended that the deceased boarded train No.6302 Trivandrum-Shornur Venad Express from Thrissur railway station under the impression that the train was going to Trivandrum Central and that on realising that he was travelling in the reverse direction, he tried to get down from the train at Wadakancherry railway station, but, he accidentally fell down from the train and was run over by the train. He sustained severe injuries and succumbed to it. Appellants, parents of the deceased along with two sisters of the deceased filed application for compensation. Contention of the respondent-railway was that the deceased attempted to get down from the moving train and was run over by the train and, hence, the incident cannot be called as an accidental fall from train and they are not liable to pay compensation. The respondent also contended that the deceased was not a bonafide passenger. It was found by M.F.A.No.175/2008 2 the Tribunal that the deceased was a bona fide passenger. Evidence show that he fell down from the train and became a victim of an untoward accident. 2. Appellants contended that they are not at all responsible for the delay. 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 claimants 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. Appellants are not responsible for the delay and they have 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 M.F.A.No.175/2008 3 to grant interest as the claimants were not responsible for the delay. Appellants claimed only 6% interest. Hence, we award simple interest at the rate of 6% per annum from the date of application till the date of payment of award 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.175/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A.No. 175/2008 ------------------------------------- Judgment Date:17th November,2008