IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.1022 of 2009 Between: Ramavalasa Yendayya and another ..... APPELLANTS And Union of India, rep.by the General Manager, South Central Railway, Secunderabad .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.1022 of 2009 JUDGMENT: The Civil Miscellaneous Appeal, under Section 23 of the Railways Claims Tribunal Act, 1987 is directed against the order, dated 08.05.2009 in O.A.A.No.145 of 2006 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, (for short, ‘the Tribunal’), in not granting interest from the date of application till the date of award. 2. No doubt, it is the discretion of the Tribunal to grant interest and the said discretion has to be exercised judiciously. Sec.34 of CPC empowers the Tribunal to grant reasonable interest during pendency of original application while granting compensation. The Tribunal has not given any reasons for not granting the interest to the applicants for that period. The learned counsel for the appellants has relied on a decision in support of his contentions reported in Tahazhathe Purayil Sarabi and others Vs. Union of India and another[1] wherein it was held that: “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 at the rate of 6 per cent simple interest per annum from the date of the application till the date of the award and, thereafter, at the rate of 9 per cent per annum till the date of actual payment of the same.” 3. Following the above judgment, the applicants are awarded simple interest @ 6% per annum from the date of the application till the date of award, and thereafter at 9% per annum till the date of realization. Accordingly, the Civil Miscellaneous Appeal is allowed. There shall be no order as to costs. _________________ K.C.BHANU,J Dated: 30.09.2011 Dsr [1] 2009 ACJ 2444