IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.894 OF 2010 Between: S. Venkateshwarlu and others .....APPELLANTS AND Union of Indida ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.894 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the order, dated 30.04.2008, in O.A.A.No.202 of 2005, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed by the appellants claiming compensation of Rs.4,00,000/- consequent on the death of the deceased, was allowed and granted interest at the rate of 9% per annum, from the date of order till the date of actual payment. 2. Heard both sides. 3. The Award passed by the Railway Claims Tribunal has become final as no appeal has been filed. The only question is with regard to the payment of interest. The Tribunal has not awarded interest from the date of petition till the date of Award. 4. No doubt, there is no provision under the Railways Act, 1989, with regard to the payment of interest from the date of petition till the date of Award. But, at the same time, Section 34 of the Code of Civil Procedure, 1908, and Section 6 of the Interest Act, 1978, provide for grant of interest. 5. That aspect of the case is no longer res integra in view of the decision of the Honourable Supreme Court reported in Tahazhathe Purayil Sarabi vs. Union of India[1], it is held thus: “We, therefore, allow the appeal and modify the order of the High Court dated 24.5.2007 affirming the order of the trial court and direct that the awarded sum will carry interest at the rate of 6 per cent simple interest per annum from the date of the application till the date of the award and, thereafter, at the rate of 9 per cent per annum till the date of actual payment of the same.” So, in view of the above decision, the appellants are entitled for simple interest at the rate of 6% per annum from the date of petition till the date of Award. Hence, the appeal has to be allowed. 6. Accordingly, the Civil Miscellaneous Appeal is allowed, granting simple interest at the rate of 6% per annum from the date of petition till the date of Award. However, the appellants are not entitled to withdraw the interest granted by this Court for a period of two months from the date of receipt of a copy of this order, in view of the fact that the respondent – railways said to have filed a review application before the Honourable Supreme Court. There shall be no order as to costs. _______________ K.C. BHANU, J October 06, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.894 OF 2010 October 06, 2010 [1] AIR 2009 SC 3098