JUDGMENT : Heard, learned counsel for the parties. 2. Union of India through General Manager, Eastern Railway, Kolkata is the appellant before this Court. The instant appeal has been preferred against the judgment dated 04.07.2018 passed by learned Member (Technical), Railway Claims Tribunal, Ranchi, whereby the claimants have been awarded compensation to the tune of Rs.8 Lacs with interest @ 6% from the date of filing of the claim application i.e. 24.11.2016 till the date of judgment and if the said amount is not paid within 90 days, interest thereafter will be paid @ 9% simple interest till the date of actual payment. The claim application has been allowed, directing the Railways to pay Rs.8 Lacs in the following terms :- (1) Rs.3 Lacs to the wife of the deceased, Dolli Devi (2) Rs.1 Lac to minor daughter of the deceased, Neha Kumari (3) Rs.1 Lac to minor daughter of the deceased, Nikita Kumar (4) Rs.1 Lac to minor son of the deceased, Pramanand Kumar Singh and (5) Rs.2 Lac to mother of the deceased, Bhagwati Devi. 3. Learned counsel for the appellant has assailed the impugned award on various grounds including the bona-fide passengers and also under Section 124A of the Railways Act but mainly on the ground of the rate of interest which has been awarded on the amount of Rs.8 Lacs for an occurrence dated 19.10.2016 for which the claim application was filed on 24.11.2016 relying upon the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, whereby prior to 01.01.2017 the compensation for death was Rs.4 Lacs which has been revised by new amendment brought in the said Rule in the year 2016 and made effective from 01.01.2017 whereby the compensation has been enhanced from Rs.4 Lacs to Rs.8 Lacs. 4. Learned counsel for the appellant has submitted that though the learned Tribunal has considered the entire issue of bona-fide passenger relying upon the judgment rendered in the case of Union of India vs. Rina Devi, reported in (2019) 3 SCC 572 Para 29, and the incident is an untoward incident on the basis of the judgment rendered in the case of Union of India vs. Prabhakaran Vijaya Kumar, reported in AIR 2008(2) T.A.C. 777(SC)/ 2008(9)SCC 527, as such, the interest part is the main ground to be considered in this Appeal. Learned counsel for the appellant has submitted that it is true that the claimants are entitled to the tune of Rs.4 Lacs with interest for an incident which took place on 19.10.2016 i.e. prior to 01.01.2017 or Rs.8 Lacs in total, but the learned Tribunal has wrongly awarded interest @ 6% from the date of filing i.e. 24.11.2016 for 90 days and thereafter 9% per annum simple till the date of actual payment. Learned counsel for the appellant has further submitted that learned Tribunal ought to have awarded Rs.8 Lacs in view of the new amendment made effective from 01.01.2017, as such, interest part may be set aside by this Hon'ble Court. 5. Learned counsel for the respondent, Mr. Manish Kumar has submitted that as per the new amendment, the compensation fixed for death is Rs.8 Lacs which has been made applicable from 01.01.2017 though the claim application was filed on 24.11.2016 for an occurrence dated 19.10.2016, but unnecessarily the Railway is lingering the issue at least from the year 2018 till date. As such, this Court may not interfere with the interest part awarded by the learned Tribunal upon compensation of Rs.8 Lacs. 6. Heard, learned counsel for the appellant as well as learned counsel for the respondent and perused the materials available on record including the Railway Accidents and Untoward Incidents (Compensation) Rules, 2016. The learned Tribunal has rightly considered the deceased-Subhash Chandra Singh @ Subhash Singh as a bona-fide passenger, in view of Section 2(29) of the Railways Act and incident to be an untoward incident as defined under Section 123 (C)(2) of the Railways Act. The learned Tribunal has rightly awarded compensation considering the judgment passed by the Hon'ble Apex Court, as referred above, as such, on merit, this Court is not inclined to interfere with the finding recorded by the learned Tribunal. 7. So far the rate of interest is considered, it is true that compensation has been revised by way of amendment made effective from 01.01.2017 to the tune of Rs.8 Lacs, but in the present case, the learned Tribunal has rightly awarded interest @6% simple from the date of filing of the claim application i.e. 24.11.2016, but penal interest cannot be awarded by the learned Tribunal by enhancing the rate of interest from 6% to 9%, if the compensation amount is not paid within 90 days of the judgment. 8. 8. Under the aforesaid circumstances, this Court is not satisfied with the interest part i.e. 9% interest per annum simple after 90 days of the Award as passed by the learned Tribunal. Accordingly, the instant appeal is dismissed with modification in the interest which shall be @6% from the date of filing of the claim application till its payment. 9. As it was submitted that Rs.8 Lacs has already been deposited by the Railways pursuant to the order dated 08.08.2019, as such, the Railways shall pay compensation along with 6% interest upon the same from the date of filing of the claim application i.e. 24.11.2016 till the date of payment.