THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 160 of 2003 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred aggrieved by the order dated 27.11.2001 in O.A.A. No.197 of 2000 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad in so far granting interest on the compensation amount from the date of claim application till the date of award. 2. The respondent/applicant filed the claim application claiming compensation stating that on 2.5.2000, he was travelling in train No.2616 GT Express from Sirpur- Kagaznagar to go to Ongole by purchasing ticket and when the train reached Ongole, he came near door with a view to get down, but due to sudden jerk of the train, he slipped and fell down between the platform and train and sustained injuries. The appellant/railways resisted the claim. The Claims Tribunal, vide impugned order, granted compensation of Rs.3,00,000/- together with interest @ 6% per annum from the date of filing the application. The present appeal is preferred by the railway administration aggrieved by the grant of interest during pendency of the claim application. 3. Heard both sides. 4. The learned counsel for the appellant/railways contended 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 Claims Tribunal has not exercised its discretion judiciously in granting interest on the compensation pendente lite, and hence, he prays to set aside the impugned order. 5. On the other hand, the learned counsel for the respondent/applicant 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 respondent is entitled to simple interest @ 6% per annum from the date of filing of claim application till the date of passing of the award, and therefore, there are no grounds to interfere with the impugned order. 6. Now, the point for consideration is: Whether the Claims Tribunal is right in granting interest on the compensation amount from the date of claim application till the date of award ? 7. 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, and the discretion has to be exercised judiciously. 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 respondent/applicant is entitled to simple interest @ 6% per annum from the date of claim application till the date of award on the compensation amount. Therefore, the Claims Tribunal rightly granted interest from the date of claim application till the date of award and there are no grounds to interfere with the same. 8. The Civil Miscellaneous Appeal is, accordingly, dismissed. No costs. ------------------ (K.C.Bhanu, J.) 22.09.2011 DRK THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 160 of 2003 Date: 22.09.2011 Between: Union of India rep. by the General Manager, South Central Railway, Rail Nilayam, Secunderabad …Appellant And Konduru Venkata Reddy …Respondent THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 160 of 2003 22.09.2011 [1] 2009 ACJ 2444