- (1.) This civil miscellaneous appeal is directed against the order dated 27.4.2009 passed in OAA No.271 of 2004 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereby and where under the learned Tribunal refused to grant interest on the award amount from the date of the petition to the date of passing of the award.
(2.) Background facts in a nutshell leading to filing of this C.M.A. by the applicants in OAA No.271 of 2004 are: (a) The applicants are the dependants of Mulpuri Muralidhara Rao. The said Muralidhara Rao fell down accidentally from the train due to the sudden start of train bearing No.7050 Dn. Secunderabad - Machilipatnam Express with jerk on 26.10,2004. The applicants claimed Rs.4.00 Lakhs as compensation for the death of said Muralidhara Rao in an untoward accident occurred on 26.10.2004. (b) The respondent-Railways filed written statement resisting the claim of the applicants. (c) The learned Tribunal formulated the following issues for consideration: "(1)Whether the Applicants are dependents of the deceased? (2) Whether the deceased was a bona fide passenger of the train in question? (3) Whether the deceased died as a result of an untoward incident of accidental fall from the said train? (4) "Whether the Applicants are entitled to claim compensation of Rs.4,00,000/- (5) To what relief?" (d) On behalf of the claimants two witnesses were examined and six documents were marked. On behalf of the respondent- Railways neither ocular nor documentary evidence was adduced. (e) The learned Tribunal, on considering the material brought on record and on hearing the Counsel appearing for the parties, awarded compensation of Rs 400 Lakhs to the applicants and directed the respondent Railway Administration to pay the amount within two months from the date of the order, failing which the applicants shall be entitled to interest thereon at the rate of 9% p.a. from the date of the order till the date of actual payment. The applicants are dis- satisfied with the award because of not granting interest from the date of application. Hence, this C.M.A.
(3.) Notice before admission came to be ordered on 4.8.2009. The respondent- Railways entered appearance through its Standing Counsel.;