IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.886 OF 2008 Between : P.Bharathi ... APPELLANT A N D The Union of India. …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.886 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 21.12.2005, in O.A.A.No.114 of 2001, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed by the appellant/applicant claiming compensation of Rs.4,00,000/- consequent on the death of P.Avinash (hereinafter referred to as the ‘deceased’), was allowed granting compensation of Rs.4,00,00/- and directing the Railways to deposit the amount within sixty days from the date of the order, and in the event of failure to deposit, it was ordered to pay interest @ 6% per annum after due date till payment. 2. The applicant filed this appeal aggrieved by the said order in not awarding interest from the date of application till the date of order. 3. As seen from the record, it is clear that the appellant/applicant has filed the claim petition in the year 2001. The Tribunal awarded compensation on 21-12-2005. The applicant has filed the appeal with a delay of 675 days. However, the delay was condoned. For the lapses on the part of the applicant, she cannot derive any advantage. Further, it is not the case of the applicant that there was no fault on her part for pendency of claim application before the Tribunal for four years. It is also not the case of the applicant that because of lapses on the part of the respondent, the claim petition had been pending before the Tribunal for four years. It is also not the case of the applicant that she was always ready to proceed with the case. There is no provision under the Railways Act, 1989 to grant interest pendente lite. It is the discretion of the Tribunal, which has to be exercised judiciously. Considering the facts and circumstances of the case, it is not a fit case to grant interest on the compensation amount from the date of petition till the date of award. 4. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J SEPTEMBER 27, 2011 YVL