IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 118 of 2008()
1. S.SOBHANA, 47 YEARS, W/O.LOHIDASAN
... Petitioner
2. L.MANAKSHAW, AGED 22 YEARS
3. L.PASHA, AGED 20 YEARS, S/O.LOHIDASAN
4. PANKAJAKSHY, 90 YEARS, MOTHER OF
Vs
1. UNION OF INDIA, REP. BY GENERAL MANAGER
... Respondent
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent :SRI.N.B.SUNIL NATH,SC, RAILWAYS
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/08/2008
O R D E R
J.B.Koshy & K.P.Balachandran, JJ.
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M.F.A.No.118 of 2008
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JUDGMENT
Koshy, J.
Standing counsel for the Railways entered
appearance. Heard both sides.
2. The Railway Claims Tribunal awarded an
amount of Rupees four lakhs to the appellants for
the death of the husband of the first appellant.
But, the Tribunal did not award the interest, but
directed that if the award is not complied within
45 days, interest would be payable at 9% per annum
from the date of default. In the decision in
Nalini v. Union of India (2008 (3) KLT 17), it was
held by us that even though the claimants are not
entitled to interest from the date of accident,
they were entitled to interest at the bank rate
from the date of application as in the case of
motor accident claims. Following the same, the
award is modified. The Railway is directed to
MACA 118/08 2
deposit 7.5% interest per annum from the date of
application till the date of deposit of the amount
awarded. The impugned award is modified to the
above extent.
Appeal is, accordingly, allowed.
(J.B.Koshy, Judge)
6th August, 2008
(K.P.Balachandran, Judge)
tkv