IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.448 OF 2010 Date:23.08.2011 Between : S.Rojamma and others ... Appellants/Applicants A N D The Union of India, rep.by General Manager, South Central Railway, Secunderabad. …Respondent/Respondent JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 16.07.2008, in O.A.A.No.530 of 2005, 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 S.Avulaiah (hereinafter referred to as the ‘deceased’) in an untoward incident, was allowed granting compensation of Rs.4,00,000/- with a direction to respondent/Railways to deposit the same along with interest @ 9% p.a. from the date of receipt of a copy of the said order till payment. The applicants filed this appeal aggrieved by the said order in not awarding interest from the date of application till the date of realization. 2. As seen from the record, it is clear that the appellants/applicants have filed the claim petition in the year 2005. The Tribunal awarded compensation on 16.07.2008. The applicants filed the appeal with a delay of 387 days claiming interest from the date of application till the date of Award. 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 three years. It is not the case of the applicants that because of lapses on the part of the respondent, the claim petition was pending before the Tribunal for three years. It is also not their case that they were always ready to proceed with the case. Considering the facts and circumstances of the case, it is not a 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 23, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.448 of 2010. Date:23.08.2011 AMD