MFA No. 173 of 2008 · Kerala High Court
Case at a glance
Outcome
Allowed
Appeal is allowed
Key paragraphs
- Para 33. It is true that there is no specific provision for grantinginterest from the date of application, but, compensation is paid tooffset the loss suffered by the claimant due to the untowardincident. The Railway ought to have paid the amount at the time ofaccident itself…
Judgment
M.F.A.No. 173/2008 2deceased was a bonafide passenger in train No.6128 Guruvayur-Chennai Express on 15.7.2006. Ext.A3 FIR and other documentaryevidence show that the deceased died due to injuries sustained inan accidental fall from the train. There was no serious disputeregarding the same.
Appellant contended that claimant is not at allresponsible for the delay.
It is true that there is no specific provision for grantinginterest from the date of application, but, compensation is paid tooffset the loss suffered by the claimant due to the untowardincident. The Railway ought to have paid the amount at the time ofaccident itself and, in any event, at the time when it received thecopy of the application. The appellant is not responsible for thedelay and she has to be compensated. In this connection, we referto the decision of this Court in Union of India v. Thankaraj (2000 ACJ651); Union of India v. Laxmi Pati (1995 ACJ 791); Avalakki v. Unionof 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 andothers (AIR 2008 Rajasthan 99) and N. Parameswaran Pillai andanother v. Union of India and another ((2002) 4 SCC 306). M.F.A.No. 173/2008 34. In the above circumstances, we are of the opinionthat the Tribunal ought to have awarded interest from the date ofapplication on the facts of this case and exercised judicial discretionto grant interest as the claimant was not responsible for the delay. Appellant claimed only 6% interest. Hence, we award simpleinterest at the rate of 6% per annum from the date of application tillthe date of payment of award amount considering the bank rate ofinterest prevailing at the time of passing the award. The award ismodified accordingly. Appeal is allowed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No. 173/2008 4 J.B. KOSHY ANDTHOMAS P.JOSEPH,JJ.-------------------------------------M.F.A.No.173/2008 ------------------------------------- Judgment Date:17th November,2008
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Appeal is allowed
Which court decided this case, and when?
Kerala High Court, on 17 Nov 2008. The bench was THOMAS P JOSEPH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.