IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.4317 OF 2004 Between: Ilaiah ..... Appellant AND The Union of India, Rep. by its General Manager, South Central Railway, Rail Nilayam, Secunderabad. ..... Respondent The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.4317 OF 2004 JUDGMENT: The Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1989, is filed by the appellant/claimant aggrieved by the order, dated 03.06.2004, in O.A.A.No.288 of 2003, passed by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the Tribunal awarded compensation of Rs.4,00,000/- to the claimant consequent upon the death of the deceased Nagelli Dhana Lakshmi, who is the wife of the claimant. Challenging the same, the present Civil Miscellaneous Appeal is filed by the appellant/claimant only with regard to grant of interest @ 15% per annum on the awarded compensation from the date of petition till the date of award. 2. The factual matrix is not in dispute. The death of the deceased in an untoward incident while traveling as a bonafide passenger in the train is not in dispute. While awarding compensation, the Claims Tribunal granted two months’ time to the Railways to pay the compensation, failing which the applicant shall be entitled to interest @ 6% per annum from the date of the said order till realization. 3. Learned counsel for the appellant placed reliance on the decision reported in TAHAZHATHE PURAYIL SARABI VS. UNION OF INDIA (UOI)[1], wherein it is held thus: “We, therefore, allow the appeal and modify the 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 claimant is entitled for simple interest @ 6% per annum from the date of petition till the date of award. 4. The Civil Miscellaneous Appeal is, accordingly, allowed granting simple interest @ 6% per annum from the date of petition till the date of award. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 7th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.4317 OF 2004 7th September, 2010. KL [1] AIR 2009 SC 3098