THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A. No.898 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal, is directed against the order, dated 17-03-2006, in O.A.A.No.382 of 2002, 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 to the injuries sustained by him, was allowed granting the compensation of Rs.4,00,000/- with a direction to respondent/railways to deposit the same within 60 days from the date of that order, failing which, it shall carry interest @ 6% per annum from the date of order till realization. 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. Section 34 of the Code of Civil Procedure, 1908, and Section 3 of the Interest Act, 1978, provide for grant of interest. Granting of interest during the pendency of the Original Application before the Tribunal is within the discretion of the Tribunal and that discretion has to be exercised judiciously. But it must be shown that the applicants was not diligently prosecuting case when the matter is pending before the Tribunal. There is no material before this Court that the applicant was reporting ready on all the adjournments when the case was pending and that the railway administration was taking time. For the lapses on the part of the applicant, he cannot derive any advantage. Further, it is not the case of the applicant that there was no fault on his part for pendency of original application before the Tribunal for four years. It is also not the case of the applicants that because of laches on the part of the respondent, the claim petition has been pending before the Tribunal for four years. It is also not the case of the applicant that he was always ready to proceed with the case. 4. 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. 5. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J September 27, 2011 kvr