IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 689 of 2003()
1. M.R. DAKSHAYANI, W/O. M.C. RISHINATH
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.VINOD VALLIKAPPAN
For Respondent :SRI.K.V.SADANANDA PRABHU,SR.SC.RAILWAYS
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :27/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.F.A. NO. 689 of 2003
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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