THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.2596 of 2004 JUDGMENT:- 1. Heard Sri S. Chandra Sekhar, the learned counsel representing the appellant and Sri T. S. Venkataramana, the learned counsel Standing Counsel representing the respondent-Union of India. 2. The legal representative of Mohd. Yousufmia, Rikiya Bee @ Lokiya Bee is filed this Civil Miscellaneous Appeal under Section 23 of the Railway Claims Tribunal Act, being aggrieved of non-granting of interest on the compensation awarded from the date of filing of the petition till the date of award in O.A.A.No.190 of 1998 on the file of the Railway Claims Tribunal (hereinafter in short referred to as “The Tribunal”), Secunderabad Bench at Secunderabad. 3. The learned counsel representing the appellant pointed out the specific grounds raised in the Civil Miscellaneous Appeal and also strongly relied on the decision of the Apex Court reported in Tahazhathe Purayil Sarabi and others Vs., Union of India and another[1]. 4. Sri T.S.Venkataramana, the learned counsel representing the respondent, would maintain that in the light of the decision of the Apex Court, the appellant is entitled to interest @ 6% per annum from the date of filing of the application till the date of award and thereafter, @ 9% per annum from the date of the award till the date of payment. 5. In the light of the submissions made by the learned counsel on record, the following points arise for consideration in this Civil Miscellaneous Appeal:- (1) Whether the relief of interest granted by the learned Tribunal to the appellant to be confirmed or to be negatived in the facts and circumstances of the case? (2) If so, to what relief, the parties would be entitled to? 6. POINT NO:1- The learned Tribunal awarded an amount of Rs.4,00,000/- to the applicant towards compensation. The respondent-Railways had been directed to deposit the amount within two months from the date of the order, failing which the applicant would be entitled to claim interest @ 6% per annum from the date of the order till realization. 7. It is needless to say that in the light of the decision of the Apex Court in Tahazhathe Purayil Sarabi’s case, the relief relating to the interest prayed for by the appellant can be granted. 8. POINT NO:2- In the result, the Civil Miscellaneous Appeal is allowed to the extent of granting interest at the rate of 6% per annum on the compensation awarded amount from the date of filing of the application till the date of award and thereafter, at the rate of 9% per annum from the date of the award till the date of realization. No order as to costs. _______________ P.S.NARAYANA,J Dated: 01.07.2010 bud THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.2596 of 2004 DATED:01.07.2010 [1] 2009 ACJ 2444