MISC. APPEAL No.271 OF 2010 Against the judgment dated 06.01.2010 passed by the Railway Claims Tribunal Patna Bench, Patna, in Claim Application No. OA 000217/2004. YASHODA DEVI W/O SRI PALTAN SINGH, RESIDENT OF VILLAGE- REHUA, P.O. LAKHISARAI, P.S. LAKHISARAI, DISTICT- LAKHISARAI, -------- (Appellant) Versus THE UNION OF INDIA THROUGH GENERAL MANAGER, EASTERN CENTRAL RAILWAY, HAZIPUR (BIHAR) ------- (Respondent) FOR THE APPELLANT Mr. Anant Kumar-I Adv. FOR THE RESPONDENT Mr. Mahesh Prasad, Adv. P R E S E N T THE HON'BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad J, Heard, learned counsel for the parties. 2. This Miscellaneous Appeal is directed against the order dated 06.01.2010, passed by the Railway Claims Tribunal Patna Bench, Patna, in Claim Application No. OA 000217/2004, by which, he has granted Rs. 2,00,000/- for the schedule injury to the appellant Yashoda Devi. However, the Tribunal has also ordered that if the amount of Rs. 2,00,000/- is not paid within two months then the appellant will be entitled to an interest of 9% per annum from the date of the filing of the petition till the date of the realization of the amount. 3. The grievance of the learned counsel for the appellant is that the interest has been ordered to pay, if amount is not paid within two months, however has stated that the amount has not been paid within two months and hence he is entitled to interest @ 9% per annum from the date of the filing of the petition. 4. However, as per the impugned order the order passed is that if amount of compensation not paid within two months then the claimant will be entitled to 9% interest from date of the petition and since amount alleged to have not been paid within two months have the appellant is entitled to 9% interest. Hence, in some and statutes the order of the Tribunal is for the interest 2 at the rate of 9% from the date of petition. 5. However, the High Court is not the forum for executing the order of the Tribunal and hence the appellant may pursue the remedy before proper forum and hence there is no merit in this appeal as the Tribunal has ordered for interest at 9% per annum from the date of the petition, if the amount is not paid within two months, however, the two months has also elapsed and it is stated that the amount has not been paid within two months and hence the appellant is entitled for the interest from the date of order. However, since appellant has no grievance against the award, hence the appeal is disposed off. (Gopal Prasad, J.) The Patna High Court, The 16th day of November, 2010 N.A.F.R./Cp:3/safik