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.875 OF 2011 Between : Boya Akula Thimmappa @ Thimmaiah and another ... APPELLANTS A N D The Union of India and another …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.875 OF 2011 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 12.09.2007, in O.A.A.No.84 of 2002, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, on the compensation amount of Rs.4,00,000/- awarded by the Tribunal consequent on the death of the deceased. 2. As seen from the record, it is clear that the appellants/applicants have filed the claim petition in the year 2002. The Tribunal awarded compensation on 12-09-2007. The applicants have filed the appeal with a delay of 787 days. The delay was condoned. It is not a case where the Railway administration has taken adjournments from the date of the petition till the date of award when the matter is pending before the Tribunal. 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 five 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 five 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. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J AUGUST 27, 2011 YVL