THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 16 of 2010 Date: 19.10.2011 Between: P. Chenchulakshmi & others. …Appellants And Union of India, rep. by its General Manager, South Central Railways, Secunderabad …Respondent THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 16 of 2010 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred aggrieved by the order, dated 10.07.2009, in O.A.A.No.370 of 2005 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad for not granting interest on the compensation amount awarded by the Claims Tribunal from the date of the petition till the date of award. 2. The Claims Tribunal, by the impugned order, granted compensation of Rs.4,00,000/- to the appellants/applicants directing the respondent/railways to deposit the same within 60 days from the date of said order, and in the event of not doing so, it was ordered to pay interest @ 9% per annum from the date of the said order till payment, for the death of the deceased in an untoward incident of accidental fall on 08.10.2005 from train No.6093 Chennai-Lucknow Express due to jerks and speed. 3. The learned counsel for the appellants contended that in view of the decision of the Apex Court in Tahazhathe Purayil Sarabi and Others vs. Union of India and another[1], the appellants are entitled to simple interest @ 6% per annum from the date of filing of claim petition till the date of passing of the award. 4. On the other hand, the learned counsel for the respondent/railways opposed the same on the ground that there is no provision under the Railways Act to grant interest from the date of filing of the petition till the date of award and that the decision of the Apex Court has no application, and hence, he prays to dismiss the appeal. 5. Now, the point for consideration is: Whether the claimants are entitled to any interest on the award amount of Rs.4,00,000/- from the date of petition till the date of realization ? 6. There is no provision under the Railways Act, 1989 with regard to the grant of interest from the date of the petition till the date of passing of the award. Granting of interest from the date of filing of the petition till the date of passing of Award is the discretion of the Court. Section 34 C.P.C. and Section 3 of the Interest Act give discretionary power to the Court to award interest and the same has been interpreted by the Supreme Court, in Tahazhathe Purayil Sarabi’s case (1 supra), and held thus: “We, therefore, allow the appeal and modify 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 @ 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.” In view of the above decision, the appellants/claimants are entitled to simple interest @ 6% per annum from the date of petition till the date of award and thereafter @ 9% per annum till the date of realization, on the compensation amount. Accordingly, the claimants are awarded simple interest @ 6% per annum from the date of petition till the date of award and @ 9% per annum from the date of award till realization, on the compensation amount of Rs.4,00,000/-. 7. The Civil Miscellaneous Appeal is, accordingly, allowed. No costs. _______________ K.C. BHANU, J Date: 19.10.2011 ES [1] 2009 ACJ 2444