IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.250 of 2005 1. MD.MOHSIN S/o Late Master Abdul Aziz @ Abdul Aziz 2. Soni Khatoon D/o Late Master Abdul Aziz @ Abdul Aziz 3. Hasina Khatoon D/o Late Master Abdul Aziz @ Abdul Aziz 4. Saeena Khatoon D/o Late Master Abdul Aziz @ Abdul Aziz 5. Md. Murtaza S/o Late Master Abdul Aziz @ Abdul Aziz 6. Md. Aayabul @ Jayabul S/o Late Master Abdul Aziz @ Abdul Aziz All resident of Village- Bhadeza, P.S. Mufasil, Distt.-Gaya, Appellant no.2 to 6 are minor sisters and brothers of appellant no.1 and they are represented by his brother Md. Mohsin (Appellant no.1). . . . . Applicants / Appellants. Versus 1. UNITED INDIA INSURANCE CO. Ltd. Through its Divisional Manager, the United India Insurance Company, A.N. Road Murarpur, Gaya, Distt. Gaya. 2. Sri Anup Kumar and Shri Ankit Kumar, both sons of Naujang Rai and Ashok Kumar, Dhanbad Road Katras, owner of Vehicle Tata 407 Truck No. BR 17 G 7185. 3. Jagjeet Singh s/o Sri Harbans Singh, Resident of Mohalla Sarai Dhelha, P.O. & P.S. Dhanbad, Distt.-Dhanbad, owner of Truck No. BER 9386. 4. The Oriental Insurance Company Ltd. Through Divisional Manager, Kashinath More, Gaya, Distt.-Gaya. . . . . Opposite parties / Respondents. ----------- 10/ 10.03.2010 Heard learned counsel for the appellants as well as learned counsel for the respondents. The appellants have preferred this appeal against rejection of the prayer for grant of statutory interest in respect of their claim. It is not in dispute that in view of the judgment rendered in the case of Md. Sadaquat Hussain Vs. Sri Surendra Singh, reported in 2010(1) PLJR 631, in appropriate cases learned Tribunal can refuse to grant interest in a claim under Section 171 of the Motor Vehicles Act. In the instant case while allowing the claim of compensation, the learned Tribunal has rejected the claim of the appellants for interest without discussing latches on the part of the appellants. As such, the case is remitted to the learned Tribunal for - 2 - fresh adjudication on the point of interest. This Court has not expressed any opinion on merit of submissions on point of the parties. With the aforesaid direction, the order rejecting the claim of interest is set aside and the appeal is allowed to the extent indicated above. Uday/ (Samarendra Pratap Singh, J.)