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.1126 OF 2009 Between : B.Bhanudas Venkatrao and others. ... APPELLANTS A N D Union of India. …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.1126 OF 2009 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 20.08.2008, in O.A.A.No.138 of 2005, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed by the appellants/applicants claiming compensation of Rs.4,00,000/- consequent on the death of B.Parvathibai (hereinafter referred to as the ‘deceased’), was allowed granting the compensation of Rs.4,00,000/- and directing the Railways to deposit the amount within thirty days from the date of receipt of a copy of order, and in the event of failure to deposit, it was ordered to pay interest @ 9% per annum from the date of receipt of copy of the order till realization. 2. The applicants 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 appellants/applicants have filed the claim petition in the year 2005. The Tribunal awarded compensation on 20-08-2008. The applicants have filed the appeal with a delay of 223 days. The delay was condoned. For the lapses on the part of the applicants, they cannot derive any advantage. Further, it is not the case of the applicants that there was no fault on their part for pendency of original application before the Tribunal for three years. It is also not the case of the applicants that because of lapses on the part of the respondent, the claim petition had been pending before the Tribunal for three years. It is also not the case of the appellants that they were always ready to proceed with the case. There is no provision under the Railways Act, 1989 with regard to grant of pendente lite. Granting of interest during pendency of the claim application is within the discretion of the Court. 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