THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.743 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the order, dated 25.07.2008, in O.A.A.No.241 of 2005, on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby, the application filed by the appellants claiming compensation of Rs.4,00,000/- consequent on the death of the deceased, was allowed and granted interest at the rate of 9% per annum, from the date of order till payment. 2. Heard both sides. 3. The factual matrix is not in dispute. The death of the deceased is not in dispute. The deceased died in an untoward incident is not in dispute. The deceased was a bona fide passenger travelling in the train is not in dispute. The only question is with regard to the payment of interest from the date of petition till the date of Award. The Tribunal has not awarded interest from the date of petition 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 petition till the date of Award. But, that aspect of the case is no longer res integra in view of the decision of the Honourable Supreme Court reported in Tahazhathe Purayil Sarabi vs. Union of India[1], wherein it is held thus: “We, therefore, allow the appeal and modify the order of the High Court dated 24.5.2007 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.” the appellants are entitled for simple interest at the rate of 6% per annum from the date of petition till the date of Award. Hence, the appeal has to be allowed. 5. Learned counsel appearing for the respondent - railways contended that they have filed a review petition before the Honourable Supreme Court, which is coming up for final hearing. In view of the review petition filed by the respondent – railways, the appellants are not permitted to withdraw the interest granted by this Court for a period of two months from the date of receipt of a copy of this order. Thereafter, they are entitled to withdraw the same. 6. Accordingly, the Civil Miscellaneous Appeal is allowed, granting simple interest at the rate of 6% per annum from the date of petition till the date of Award. There shall be no order as to costs. _______________ K.C. BHANU, J September 27, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.743 OF 2010 Between: Smt. M. Venkata Ratnamma and others .....PETITIONERS AND The Union of India ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.743 OF 2010 September 27, 2010 [1] AIR 2009 SC 3098