IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.324 OF 2010 Between : Gajjelli Kantamma and others. ... APPELLANTS A N D The Union of India. …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.324 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 29.04.2008, in O.A.A.No.26 of 2005, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed by the appellants/applicants claiming compensation of Rs.4,00,000/- consequent on the death of Gajjelli Veera Mallu (hereinafter referred to as the ‘deceased’), was allowed granting the compensation of Rs.4,00,000/- with a direction to respondent/railways to deposit the same along with interest @9% per annum from the date of receipt of a copy of said order till the date of payment. 2. The applicants filed this appeal aggrieved by the said order in not awarding interest from the date of application till the date of order. 3. As seen from the record, it is clear that the appellants/applicants have filed the claim petition in the year 2005. The Tribunal awarded compensation on 29-04-2008. The applicants have filed the appeal with a delay of 414 days. The delay was condoned. For the lapses on the part of the applicants, they cannot derive any advantage. Further, it is not the case of the applicants that there was no fault on their part for pendency of original application before the Tribunal for three years. It is also not the case of the applicants that because of laches on the part of the respondent, the claim petition has been pending before the Tribunal for three years. It is also not the case of the appellants that they were always ready to proceed with the case. Considering the facts and circumstances of the case, it is not a fit case to grant interest on the compensation amount from the date of petition till the date of award. 4. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J AUGUST 27, 2011 YVL