THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.1243 of 2008 AND CROSS OBJECTIONS (SR) No.17833 of 2010 COMMON ORDER: Respondent Nos.1 and 2 are the parents and respondent No.3 is the unmarried sister of Patan Ghouse Basha. The respondents filed O.A.A.No.183 of 2003 before the Railway Claims Tribunal, Secunderabad Bench, stating that Basha boarded the Krishna Express at Nellore to go to Singarayakonda and that he purchased ticket bearing No.30625649. It is stated that in an untoward incident, he has fallen from the train at k.m. 253/12-14 and that his body was cut into pieces. On this basis, they claimed compensation of Rs.4,00,000/- under the Railway Claims Tribunals Act, 1987. The appellant opposed the application. Through its order dated 13.06.2008, the Tribunal allowed the O.A.A. and awarded a sum of Rs.4,00,000/- as compensation with interest at 9% p.a., from the date of receipt of a copy of the order, till the date of payment. The same is challenged in this appeal. It is stated that the deceased was not a bona fide passenger and that no evidence was adduced in that behalf. The respondents, on the other hand, filed Cross Objections (SR) No.17833 of 2010 claiming interest from the date of the accident. Heard Sri T.S. Venkata Ramana, learned counsel for the appellant and Sri G. Sekhar Reddy, learned counsel for the respondents. The Tribunal framed as many as five issues for its consideration, touching various aspects. On behalf of the respondents, A.Ws.1 and 2 were examined and Exs.A1 to A8 were marked. On behalf of the appellant, R.Ws.1 and 2 were examined and Exs.R1 and R2 were marked. The documentary evidence adduced on behalf of the respondents includes the original of journey ticket, death certificate, F.I.R, inquest report and post mortem report etc., The documentary evidence establishes beyond any pale of doubt, that the dead body of the deceased was found on the railway tracks at k.m. 253/12-14. The only dispute is about the cause of death. The facts such as the recovery of journey ticket from the body of the deceased, and reporting of death, by none other than the keyman of the railways, clinchingly proves that the death was on account of accidental fall, from a passenger train. The learned counsel for the appellant is not able to point out any serious legal and factual infirmity in the order under appeal and this Court does not find any basis to interfere with the same. The Cross Objections (SR) No.17833 of 2010 filed by the respondents is about award of interest from the date of filing of O.A. till the date of order in O.A. There was some difference of opinion in this regard between various Courts. In the recent past, the Supreme Court, through its judgment dated 29.05.2009 in S.L.P.(Civil) C.C.No.4799 of 2009, held that the interest is payable at 6% from the date of filing of original applications, till the date of realisation of the amount. In the instant case, that principle, no doubt, is applicable. However, the record discloses that the Cross Objections were filed only on 30.04.2010, with enormous delay. Hence, the appeal is dismissed. Cross Objections (SR)No.17833 of 2010 are partly allowed directing that the appellant shall be under obligation to pay interest at 6% p.a., from the date of presentation of O.A.A. till the date of deposit of the amount, excluding the period between 13.06.2008 and 30.04.2010. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 15th June, 2010 GHN