THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 312 of 2010 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred aggrieved by the order dated 27.1.2010 in O.A. A. No.100 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/-, with interest @ 9% per annum from the date of the order till the date of actual payment of the amount, in favour of the appellant/claimant for the death of one Palla Malakondaiah, who is husband of the claimant, in an untoward incident while travelling in train No. 7424 Narayanadri Express on 21.9.2002. 3. The learned counsel for the appellant 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 appellant is entitled for 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 claimant is entitled for 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 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 appellant/claimant is entitled for 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 claimant is 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. However, the learned counsel for the railways submitted that in the above matter, they have already filed a review petition before the Hon’ble Apex Court. Therefore, having regard to the facts and circumstances, the claimant is not entitled to withdraw the interest amount granted by this Court by virtue of this order for a period of two months from today. 8. The Civil Miscellaneous Appeal is, accordingly, allowed. No costs. _______________ K.C. BHANU, J 06.10.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 312 of 2010 Date: 06.10.2010 Between: Palla Kondamma …Appellant 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. 312 of 2010 6.10.2010 [1] 2009 ACJ 2444