IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A.No.877 of 2010 Date:05.10.2010 Between: R. Narayanamma and 5 others. .....Appellants AND Union of India, rep. By its General Manager, S.C. Railway, Secunderabad. ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A.No.877 of 2010 JUDGMENT: 1. This appeal is directed by the claimants against the Award dated 07.11.2007 passed by the Railway Claims Tribunal, Secunderabad Bench at Sunderabad in O.A.A.No.378 of 2003 whereunder and whereby the Claims Tribunal granted compensation of Rs.4,00,000/- and directed the respondent to deposit the amount of compensation in the Tribunal within 60 days, failing which it shall carry interest at 6% per annum from the date of receipt of copy of Award till date of realization. 2. Heard both sides. 3. The learned counsel for the appellants contended that in view of the decision of the Supreme Court, the appellants are entitled for simple interest @ 6% per annum from the date of filing of the petition till date of passing of Award. 4. On the other hand, the learned counsel for the respondent opposed the same on the ground that appellants are not entitled for interest because the decision of the Supreme Court has no application and therefore, he prays to dismiss the appeal. 5. Granting of interest from the date of filing of the petition till date of passing of Award is the discretion of the court because there is no provision under the Railways Act with regard to the grant of interest from the date of petition till date of passing of Award. Section 34 of C.P.C and Section 3 of the Interest Act give discretionary power to the court to award interest and the same has been interpreted by the Supreme Court. In view of the decision of the Supreme Court reported i n Tahazhathe Purayil Sarabi v. Union of India (UOI)[1], the appellants are entitled for the simple interest at the rate of 6% per annum from the date of filing of Claim petition till date of passing of Award. 6. Accordingly, the appeal is allowed to the extent indicated above. There shall be no order as to costs. _______________ K.C. BHANU, J October 5, 2010 Gk. THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A.No.877 of 2010 October 5, 2010 Gk. [1] AIR 2009 SC 3098