Kerala High Court
Devasankar N.I vs The Union Of India on 24 March, 2026
2026:KER:26588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 24TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948
MFA (RCT) NO. 50 OF 2018
AGAINST THE JUDGMENT DATED 03.11.2017 IN O.A NO.19 OF 2017 OF
RAILWAY CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/APPLICANT:
DEVASANKAR N.I,
AGED 20 YEARS,
S/O.SANKARAN NAMBOOTHIRI,
IDIPPA ILLAM, AROOR, KAKKATTIL VIA,
PURAMERI DESOM, KOZHIKODE, PIN-673507.
BY ADV SRI.V.BINOY RAM
RESPONDENT/RESPONDENT:
THE UNION OF INDIA,
REP. BY THE GENERAL MANAGER,
SOUTHERN RAILWAY, CHENNAI, PIN-600001.
BY ADVS.
SRI.M.S.IMTHIYAZ AHAMMED,
SC, RAILWAYS, O.M.SHALINA,
DEPUTY SOLICITOR GENERAL OF INDIA.
OTHER PRESENT:
ADV HARISH K C
ADV ALKA WARRIER FOR DSGI
THIS MFA (RCT) HAVING BEEN FINALLY HEARD ON 24.03.2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MFA (RCT) NO. 50 OF 2018 2026:KER:26588
2
JUDGMENT
Appellant is the complainant in O.A No.19 of 2017 of the Railway Claims Tribunal, Ernakulam Bench. The O.A was filed for compensation for injury sustained by him in an accident occurred on 08.04.2010. The appellant was traveling by Train No.16346 from Kozhikode to Vadakara. There was rush in the compartment and he was compelled to stand near the door. He accidentally fell down from the train and sustained severe injuries.
2. The respondent Railway denied the case of the appellant by filing written statement before the Tribunal. It was contended by the Railway that the appellant met with the accident on account of his own negligence and carelessness.
3. The Tribunal settled three issues for determination. Ultimately, the tribunal concluded that the appellant sustained injuries in an untoward incident. It was found that he was entitled for compensation. The injuries sustained by the appellant were non-scheduled injuries. The maximum amount of compensation payable for non-scheduled injuries is Rs.1,60,000/-. The Tribunal granted compensation of Rs.80,000/-. Interest at the rate of 6% per annum was granted from the date of registration of the O.A till the date of the order. The respondent MFA (RCT) NO. 50 OF 2018 2026:KER:26588 3 was directed to deposit the amount within 60 days, failing which the amount of compensation shall carry interest at the rate of 9% from the date of default till payment.
4. In this appeal two major contentions are raised. The first contention is regarding inadequacy in compensation. The second contention is regarding the omission of the Tribunal to grant interest from the date of accident.
5. Heard the learned Counsel for the appellant and the learned Central Government Counsel appearing for the respondent Railway. Perused the impugned judgment and records.
6. The learned Counsel for the appellant submitted that the appellant sustained following injuries:-
"Subdural Haemorrhage in right temporo
pariteto occipital convexity; Hemorrhagic
contusion in left frontal lobe, type-ii open fracture index finger left."
7. He also pointed out that the appellant had to undergo treatment as inpatient for a week in the Medical College Hospital. Accident Register cum Wound Certificate produced before the Tribunal would show that the appellant sustained the above injuries. Medical records produced before the Tribunal MFA (RCT) NO. 50 OF 2018 2026:KER:26588 4 shows that he was treated as inpatient. It is also evident from the medical records that the appellant had to undergo continued treatment. The injuries sustained by the appellant, though are not included in the schedule, taking note of the serious nature of the injuries and the prolonged treatment underwent by the appellant, the Tribunal ought to have granted a higher amount as compensation. In my view, the amount granted by the Tribunal as compensation is inadequate. Hence, the compensation shall stand enhanced to Rs.1,00,000/-.
8. The next aspect to be considered is the claim regarding interest from the date of accident. The issue is no longer res integra. The Honourable Supreme Court in Union of India v. Rina Devi [2019 (3) SCC 572], considered the issue and categorically held that, though there is no statutory provision, interest shall be awarded from the date of accident itself. It was further held that the liability of the Railway to pay interest arises from the date of accident up to the date of payment, without any difference in the stages and therefore uniform rate of interest can be granted. The learned Counsel for the appellant pointed out the the judgment in Union of India v. Rina Devi was subsequently followed by a Bench of three Judges of the Honourable Supreme MFA (RCT) NO. 50 OF 2018 2026:KER:26588 5 Court in Doli Rani Saha v. Union of India [2024 (9) SCC 656]. Hence, the position is now well settled. The claimants are entitled for interest from the date of accident and not from the date of filing of the original application as held by the Tribunal in the instant case. Therefore, I hold that the appellant is entitled for interest at the rate of 6% from the date of accident.
9. The appeal is allowed. The appellant shall be entitled for compensation of Rs.1,00,000/- with interest at the rate of 6% from the date of accident till the date of deposit of the amount by the Railways. Since the accident occurred on 08.04.2016, nearly a decade ago, the Railway shall deposit the amount before the Tribunal within 45 days from today.
The appeal is allowed of as above.
Sd/-
S.MANU JUDGE ANK