IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.1068 OF 2008 Date:14.09.2011 Between:- Dasari Rajeeramma and 3 others. ..Appellants/Applicants And The Union of India, represented by its General Manager, South Central Railway, Secunderabad. .. Respondent/Respondent THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.1068 OF 2008 JUDGMENT:- 1. The Civil Miscellaneous Appeal, under Section 23 of the Railways Claims Tribunal Act, 1987 is directed against the order, dated 25.01.2006 in O.A.A.No.19 of 2000 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, (for short, ‘the Tribunal’), whereunder and whereby, the claim of the appellants/applicants under Section 124-A of the Railways Act, 1989 (for short, ‘the Act’) with regard to grant of compensation for the death of the deceased Siluveru Chinna Venkataiah, in an untoward incident of fall from a train on 9.9.1999, was allowed granting compensation of Rs.4.00 lakhs directing the railways to pay the same within 60 days from the date of the order, failing which it was directed to pay interest @ 6% p.a after the due date till payment. Challenging the same, the present appeal is filed by the appellants/applicants for granting of interest from the date of application till the date of award. 2. Heard both sides. 3. The factual matrix is not in dispute. The death of the deceased in an untoward incident is not in dispute. It is also not in dispute that the deceased was travelling in a passenger train as a bona fide passenger. The quantum Award of Rs.4,00,000/- is also not in dispute. The only contention of the learned counsel for the appellants/applicants is that the Tribunal has not granted interest from the date of application till the date of award. 4. Section 34 of the Railways Act, 1989 empowers the Tribunal to grant a reasonable interest on the award amount. On this aspect, it is pertinent to refer to a decision of the Honourable Supreme Court in Tahazhatha Puratul 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 applicants are entitled to simple interest @ 6% per annum from the date of application till the date of award. 5. 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 9% p.a. till the date of realization, on the compensation amount. Accordingly, the applicants are awarded simple interest @ 6% per annum from the date of claim application till the date of award and @ 9% per annum from the date of award till realisation, on the compensation amount of Rs.4,00,000/-. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 14.09.2011 Gk THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.1068 OF 2008 Date:14.09.2011 Gk. [1] AIR 2009 SC 3098