THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.848 of 2005 JUDGMENT:- 1. Heard the learned counsel. 2. This Civil Miscellaneous Appeal is filed under Section 23 of the Railway Claims Tribunal Act being aggrieved of non-granting of interest in O.A.A.No.78 of 1999 on the file of the Railway Claims Tribunal, (hereinafter in short referred to as “The Tribunal”) Secunderabad Bench at Secunderabad. 3. The case set up in the claim petition was that the deceased- Boppana Kameshwara Rao had purchased Railway Ticket bearing No.02477 and supplementary ticket No.31926 an boarded train No.2704 Secunderabad-Howrah, Falaknuma express. It is stated in the application that while traveling in the said train the deceased slipped and accidentally fell down from the running train between Powerpet and Eluru Railway Station and sustained severe injuries as a result of which, he died. 4. The respondent-Union of India had filed written statement denying the allegations. 5. On the strength of the pleadings of the parties, the following issues were settled:- (1) Whether the applicants prove that they are the only dependents of the deceased? (2) Whether the applicants further prove that the deceased B. Kameshwar Rao was a bonafide passenger traveled by T.No.2704 Exp., on 16-2-99? (3) Whether the applicants further prove that the deceased became victim of an untoward incident and died in the manner as narrated at para 6 of the claim petition? (4) To what amount of compensation the claimants are entitled to? 6. The learned Tribunal on appreciation of the evidence available on record, ultimately, came to the conclusion that the appellants/applicants are entitled for compensation of Rs.4,00,000/- but however, the respondent was directed to pay the amount of compensation to the applicants by way of account payee cheque by sending the same through the registered post with acknowledgement due, to the address mentioned in the application at the first instance, within two months from the date of the order, failing which the applicants shall be entitled to claim interest @ 6% per annum from the date of the order till realization. Aggrieved by the same, this Civil Miscellaneous Appeal had been filed. 7. In the light of the submissions made by the learned counsel on record, the following points arise for consideration in this Civil Miscellaneous Appeal:- (1) Whether the negativing of the relief of interest is to be disturbed or to be confirmed in the facts and circumstances of the case? (2) If so, to what relief the parties would be entitled to? 8. POINT NO:-1 The appellants being aggrieved of the negativing of interest had preferred this Civil Miscellaneous Appeal. 9. The learned counsel representing the appellants strongly relied on the decision reported in Tahazhathe Purayil Sarabi and others Vs., Union of India and another[1]. It is needless to say that in the light of the same, the appellants are entitled to the relief of interest i.e., @ 6% per annum on the awarded compensation amount from the date of the application till the date of award and @ 9% per annum from the date of the award till the date of realization. Accordingly, the interest is hereby granted. 10. POINT NO:-2 Accordingly, the Civil Miscellaneous Appeal is allowed to the extent indicated above, granting interest @ 6% per annum on the awarded compensation amount from the date of the application till the date of award and @ 9% per annum from the date of the award till the date of realization. No order as to costs. ______________ P.S.NARAYANA, J Dated: 1st July, 2010 bud THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.848 of 2005 DATED: 01.07.2010 [1] 2009 ACJ 2444