THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 341 OF 2010 Date: 05-09-2011 Between Kambli Narsinga Rao …..Appellant And Union of India, rep., by the General Manager, South Central Railways, Secunderabad …..Respondent THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 341 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal by the appellant-applicant is preferred aggrieved by the order dated 14-10-2008 in O.A.A. No.481 of 2005 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad (for short ‘the Tribunal’) for not granting interest on the compensation amount of Rs.4,00,000/- from the date of the petition till the date of award for the death of the deceased in an untoward incident. 2. The learned counsel for the appellant-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 appellant- applicant is entitled to simple interest at the rate of 6% per annum from the date of filing of claim petition till the date of passing of the award. 3. 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, 1989 (for short ‘the 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 to the present facts of the case, and hence, he prays to dismiss the appeal. 4. Now, the point for consideration is: Whether the appellant-applicant is entitled to any interest on the award amount of Rs.4,00,000/- from the date of petition till the date of realization ? 5. There is no provision under the 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 of CPC and Section 3 of the Interest Act give discretionary power to the Court to award interest. While interpreting the same, the Supreme Court, in Tahazhathe Purayil Sarabi’s case (1 supra), 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-applicant is entitled to simple interest at the rate of 6% per annum from the date of petition till the date of award and thereafter at the rate of 9% per annum till the date of realization, on the compensation amount. But, at the same time, it must be shown that the appellant – applicant was diligent in prosecuting the case in the Tribunal and that the delay in disposal of the case occurred due to lapses on the part of the railway administration. In the present case, the original application was filed in the year 2005 and the impugned order was passed in the year 2008. The original application was pending before the Tribunal for three years. It is not the case of the appellant – applicant that he was reporting ready in the case and because of adjournments taken by the railway administration, the case was pending for about three years. So, he cannot derive any advantage of claiming interest for non-prosecution of case properly. Hence, there are no grounds to grant interest to the appellant – applicant from the date of application till the date of the award. 6. The Civil Miscellaneous Appeal is accordingly dismissed. No order as to costs. K.C. BHANU, J 05-09-2011 ks [1] 2009 ACJ 2444