High Court Kerala High Court

Yasir M.A vs Union Of India on 18 August, 2008

Kerala High Court
Yasir M.A vs Union Of India on 18 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 666 of 2003()


1. YASIR M.A.,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA,
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :SRI.M.C.CHERIAN,SR.SC.,RAILWAYS

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :18/08/2008

 O R D E R

J.B. Koshy & Thomas P. Joseph, JJ.

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M.F.A. No. 666 of 2003

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Dated this the 18th day of August, 2008

Judgment

Koshy,J.

Heard both sides.

2. The Railway Claims Tribunal awarded an amount of

Rupees Four lakhs to the appellant. The tribunal directed that

interest would be payable at 6% per annum from the date of award.

In the decision in Nalini v. Union of India (2008 (3) KLT 17), it was

held by this court that even though 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 deposit the interest at the rate of 7.5% per

annum from the date of application till the date of deposit of the

amount awarded. Appeal is allowed to the above extent.

J.B.Koshy
Judge

Thomas P. Joseph
Judge

vaa

M.F.A.No. 666/2003 2

J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.

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M.F.A. No. 666 of 2003

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Judgment

Dated:18th August, 2008