THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.798 OF 2011 JUDGMENT: This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed by the applicants against the order, dated 08.04.2010, in O.A.A.No.132 of 2005, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed by the applicants claiming compensation of Rs.4,00,000/- consequent on the death of the deceased, was allowed and granted interest at the rate of 6% per annum from the date of order till the date of actual payment. 2. No doubt, the appellants are entitled for interest from the date of application till the date of order. But, in this case, the appellants/applicants have not claimed interest on the compensation amount and further it is at the fault of the appellants in seeking number of adjournments from 2006 to 2009. In view of the laches on the part of the appellants, they are not entitled for interest during the period whenever they have taken adjournments. But, after 2009, as there are no laches on the part of the appellants, the Tribunal ought to have granted simple interest @ 6% per annum from 2009 to 2010. 3. Learned Standing Counsel appearing for the respondent placed reliance on a decision reported in Union of India v. Konduru Venkata Reddy[1], wherein it was held thus: “From the aforesaid discussion, it emerges that the Tribunal is at its discretion to take into consideration the facts and circumstances of each case for award of interest, but not as a right. We are in agreement with the view taken by learned single Judge in CMA.No.4701 of 2003 and batch, (referred supra) that the Railways Claims Tribunal has discretion to determine compensation, to which, the claimants/applicants are entitled to and it is only on such determination of the compensation payable to the claimants, the Tribunal can prescribe some time for its payment and then alone, in default, can award such rate of interest as it thinks fit. Thus, the liability towards interest can be fastened only on the date of determination of the compensation, but not from the date of the filing of the application before the Tribunal.” 4. Learned Counsel appearing for the appellants placed reliance on a decision of the Apex Court reported in Tahazhathe Purayil Sarabi and others[2], wherein it was held thus: “We, therefore, allow the appeal and modify the order of the High Court dated 24.05.2007 affirming the order of the trial Court and direct that the awarded sum will carry interest at the rate of 6 per cent simple interest per annum from the date of the application till the date of the award and, thereafter, at the rate of 9 per cent per annum till the date of actual payment of the same.” So, in view of the above decision, the appellants are entitled for simple interest at the rate of 6% per annum for one year i.e., from 2009 to 2010. Hence, the appeal has to be allowed only to the extent of grant of interest. 5. Accordingly, the Civil Miscellaneous Appeal is partly allowed granting simple interest at the rate of 6% per annum for period of one year i.e., from 2009 to 2010. There shall be no order as to costs. _______________ K.C.BHANU, J AUGUST 09, 2011. YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.798 OF 2011 Between: R.Venkatachalam and another .....APPELLANTS AND Union of India ....RESPONDENT The Court made the following: [1] AIR 2008 Andhra Pradesh 211 [2] 2009 ACJ 2444