THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.568 OF 2009 JUDGMENT: This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the order, dated 16.02.2009, in O.A.A.No.159 of 2004 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, for not granting interest from the date of application till the date of award on the compensation amount of Rs.1,70,000/- for the injuries sustained by the appellant in an untoward incident on 04.03.2004. 2. Heard. 3. Considering the evidence on record, the Tribunal awarded compensation and that order has become final. The only question is with regard to the payment of interest. The Tribunal has not awarded interest from the date of application till the date of award. 4. No doubt, there is no provision under the Railways Act, 1989, with regard to the payment of interest from the date of application till the date of award. But, at the same time, 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. 5. On this aspect, it is pertinent to refer to a decision of the Honourable Supreme Court in Tahazhathe Purayil Sarabi V. Union of India[1], wherein it is 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.” In view of the above decision, the applicant is entitled to simple interest at the rate of 6% per annum from the date of application till the date of award. 6. Accordingly, the Civil Miscellaneous Appeal is allowed granting simple interest at the rate of 6% per annum from the date of application till the date of Award and thereafter, at the rate of 9% per annum till the date of realization. There shall be no order as to costs. _______________ K.C. BHANU, J September 22, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.568 OF 2009 Between: Saripalli Bayamma .....APPELLANT AND Union of India ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.568 OF 2009 September 22, 2011 MD [1] AIR 2009 SC 3098