THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.851 of 2005 JUDGMENT:- 1. This Civil Miscellaneous Appeal is filed under Section 23 of the Railway Claims Tribunal Act, against the order dated 28.03.2005 made in O.A.A.No.168 of 1999 on the file of the Railway Claims Tribunal (hereinafter in short referred to as ”The Tribunal” for the purpose of convenience), Secunderabad Bench, Secunderabad, awarding compensation amount of Rs.4,00,000/- to the applicants by way of account payee Cheque and to send the same through the registered post with acknowledgement due, to the address mentioned in the application at first instance, within two months from the date of the order, failing which the applicants shall be entitled to claim interest @ 6% per annum from the date of the order till realization. 2. Heard the learned counsel on record. 3. In the light of the submissions made by the learned counsel on record, the following points arise for consideration:- (1) Whether the negativing of the relief of the interest is to be set aside or to be confirmed in the facts and circumstances of the case? (2) If so, to what relief, the parties would be entitled to? 4. POINT NO:1- It is stated in the application that the deceased-U. Rajasekhar, aged about 24 years, was unmarried and was studying Law first year at Cuddapah. On the morning of 10.06.1999, the deceased-U. Rajasekhar while leaving his house, carrying a shoulder zip bag containing clothes and some books, told his parents that he would attend the law examination at Cuddapah and from there he would go to Renigunta to the house of his uncle-U. Ravishanker to discuss their family matters and would be back on 12.06.1999. Accordingly, he attended the law examination at Cuddapah on 10.06.1999 and then went to Cuddapah railway station on the scooter of his friend. The deceased purchased a train journey ticket from Cuddapah to Renigunta and spent there some time till the train arrived. The Train No.207 Tadipatri-Tirupati fast passenger arrived and the deceased boarded the said train in general compartment. While travelling, the deceased-U. Rajasekhar fell down accidentally from the said running train near the starter of Balapalli yard. He sustained bleeding injuries and went unconscious. He was taken to Renigunta railway station by a Goods train where he was attended by a Doctor, who declared him dead on the night of 10/11.06.1999. 5. The respondent-Union of India had filed written statement denying the allegations. 6. On the strength of the pleadings of the parties, the following issues were settled:- (1) Whether the applicants are dependents of the deceased-Udhya Raja Sekhar? (2) Whether the deceased was a bonafide passenger of Train No.207 Tadipatri-Tirupati Fast passenger travelling from Cuddapah to Renigunta on 10.06.1999? (3) Whether the deceased died as a result of an untoward incident of accidental fall from the train near Belapalli ytard? 7. The evidence of A.W.1 and A.W.2 and Exs.A.2 to A.5 is available on record and apart from this evidence, the evidence of R.W.1 and also Ex.R.1 is also available on record. The Tribunal, after appreciating the evidence available on record, recorded reasons in detail at paras.7 to 13, and ultimately, granted compensation of Rs.4,00,000/- to the applicants, and the same had been attained finality. 8. The learned counsel representing the appellants relied on the decision of the Apex Court reported in Tahazhathe Purayil Sarabi and others Vs., Union of India and another[1], to support his contention. 9. It is needless to say that in the light of the decision of the Apex Court in Tahazhathe Purayil Sarabi’s case, the relief relating to the interest prayed for by the appellants can be granted. 10. POINT NO:2- In the result, the Civil Miscellaneous Appeal is allowed to the extent of granting interest at the rate of 6% per annum on the awarded compensation amount from the date of filing of the application till the date of award and thereafter, from the date of the award till the date of realization, the appellants are entitled to interest at the rate of 9% per annum. No order as to costs. _______________ P.S.NARAYANA,J Dated: 01.07.2010 bud THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.851 of 2005 DATED:01.07.2010 [1] 2009 ACJ 2444