THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.342 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal by the appellants- applicants is preferred aggrieved by the order dated 30.01.2009 in O.A.A. No.557 of 2005 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad for not granting interest on the compensation amount of Rs.4,00,000/- awarded by the Claims Tribunal 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 appellants-applicants 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 appellants-applicants are entitled for simple interest @ 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, and hence, he prays to dismiss the appeal. 4. Now, the point for consideration is: Whether the appellants-applicants are entitled for 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 C.P.C. and Section 3 of the Interest Act give discretionary power to the Court to award interest and while interpreting the same by 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 appellants-applicants are entitled for simple interest @ 6% per annum from the date of petition till the date of award and thereafter @ 9% per annum till the date of realization, on the compensation amount. Accordingly, the appellants-applicants are awarded simple interest @ 6% per annum from the date of petition till the date of award and thereafter @ 9% per annum till the date of realization, on the compensation amount of Rs.4,00,000/-. 6. Accordingly, the Civil Miscellaneous Appeal is allowed. No costs. ________________ K.C. BHANU, J DATED: 30-09-2011 Hsd [1] 2009 ACJ 2444