IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.1138 OF 2009 Between : A.Ramachandraiah and others. ... APPELLANTS A N D Union of India. …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.1138 OF 2009 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 30.06.2008, in O.A.A.No.233 of 2006, 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 A.Ajitbhabu (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 2006. The Tribunal awarded compensation on 30-06-2008. The applicants have filed the appeal with a delay of 305 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 two years. It is also not the case of the applicants that because of lapses on the part of the respondent, the claim petition had been pending before the Tribunal for two years. It is also not the case of the appellants that they were always ready to proceed with the case. There is no provision under the Railways Act, 1989 with regard to grant of pendente lite. Granting of interest during pendency of the claim application is within the discretion of the Court. 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 SEPTEMBER 27, 2011 YVL