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2007 Supreme(Ker) 306

K.P.BALACHANDRAN, J.B.KOSHY
Union of India, Rep. by the General Manager, Orissa – Appellant
Versus
Brigeet Chacko, Kerala – Respondent


Judgment :-

J.B. Koshy, J.

An Army personnel died in an accident while he was traveling in train form Howrah to Chennai. His legal representatives applied for compensation. He was employed in the Army and posted at Arunachal Pradesh. He was on his journey to house and he was a bona fide passenger. The Railway Tribunal awarded Rs.4,00,000/- as compensation strictly in accordance with Part-l of Schedule to Railways Accidents and Untoward Incidents Compensation (Amendment) Rules, 1997. Tribunal held as follows:

“A reading of the oral testimony of the 1st applicant and the documents filed by her, viz; Ext.A7 train journey ticket, Ext.A8 FIR, prepared by the Officer-in-charge, GRP Berahmpur Ps, would clearly got to prove that the deceased Tj Chacko, had boarded the Train No.2841 Coromondal Express at Howrah and proceeded towards Chennai on 20.11.2002 and that he was a bona fide passenger. Accordingly, this issue is answered in favour of the applicants by holding that T.K. Chacko the deceased was a bona fide passenger.”

2. Question of law raised in this appeal is whether Tribunal was right in awarding 6 % interest on the awarded amount from the date of registration of the case. It is submit

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