THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A.No.1094 of 2008 JUDGMENT: 1 Appellants who are the claimants in O.A.A.No.6 of 2001 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad filed this appeal for not granting interest from the date of filing of the petition till the date of award on the amount of compensation that was awarded by it in the said O.A. 2 The facts in brief are that the appellants being the legal representatives of one M. Prasad (hereinafter referred to as ‘the deceased’) filed the said O.A.A. before the Tribunal below seeking compensation of Rs.4.00 lakhs for the death of the deceased in an untoward accident. The Tribunal below, after having assessed the entire evidence on record, allowed the said claim petition granting compensation of Rs.4.00 lakhs to the appellants and directed the respondent herein to deposit the same within 60 days from the date of receipt of the said order or else it shall carry interest at 6% p.a. till realisation. As stated supra, for not granting interest on the said amount from the date of filing of the petition till the date of award, the claimants filed the present O.P. 3 Heard. 4 It is not in dispute before this court that the deceased was a bonafide passenger and that he died in an untoward incident. The only point for consideration is whether the appellants are entitled to claim interest from the date of filing of the petition till the date of award or not? 5 Granting of interest during the pendency of the claim application is within the discretion of the Tribunal. But the said discretion has to be exercised judiciously. The Tribunal has given no reasons for not granting interest. The apex court in Thazhathe Purayil Sarabi V. Union of India[1], held thus: “We therefore, allow the appeal and modify the order of the High Court dated 24.05.2007 affirming the order of the trail Court and direct that the awarded sum will carry interest at the rate of 6% simple interest per annum from the date of the application till the date of the award and, thereafter, at the rate of 9% per annum till the date of actual payment of the same.” 6 Following the said ratio laid down by the Supreme Court in the above judgment, the claimants are awarded simple interest at 6% p.a. from the date of application till the date of award and thereafter at 9% p.a. till the date of realization. 7 The appeal is allowed accordingly. No costs. ____________ K.C. BHANU, J. 12.09.2011 Kvsn [1] (2009) 7 SCC 372