THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A. No.945 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 13-06-2006, in O.A.A.No.179 of 2002, 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 to the death of their son viz., Sunil Sukchand Pardhi, was allowed granting compensation of Rs.4,00,000/- with a direction to respondent/railways to deposit the same within 60 days from the date of that order, else, interest at 6% per annum to accrue from the due date till 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. Section 34 of the Code of Civil Procedure, 1908, and Section 3 of the Interest Act, 1978, provide for grant of interest. Granting of interest during the pendency of the Original Application before the Tribunal is within the discretion of the Tribunal and that discretion has to be exercised judiciously. But it must be shown that the applicants were not diligently prosecuting the case when the matter is pending before the Tribunal. There is no material before this Court that the applicants were reporting ready on all the adjournments when the case was pending and that the railway administration was taking time. 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 four 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 four years. It is also not the case of the applicants that they were always ready to proceed with the case. 4. 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. 5. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J September 27, 2011 kvr