1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.525 OF 2005 Chandbi Hashamkhan Pathan, R/o-Manzari Haveli, Taluka-Beed, At present at Nehru Nagar, Beed, and others. ...APPEALLANTS. VERSUS Venkat s/o Baburao Govindpure, R/o-Renapur, District-Latur and others. ...RESPONDENTS. ... Shri.M.M. Patil Advocate for Appellant. Shri.V.D. Gunale Advocate for Respondent No.1. Shri A.M. Phule Advocate h/f. Shri. D.V. Soman Advocate for Respondent No.3. ... CORAM: NARESH H. PATIL, J. DATE : 19TH NOVEMBER, 2009. PER COURT : 1. Heard learned counsel for the parties. 2. Learned counsel for the Appellant submits that the Appeal is restricted to the grant of interest only 2 in view of the provisions of Section 171 of the Motor Vehicles Act, 1988. Section 171 of the Motor Vehicles Act,1988 reads as under: "171. Award of interest where any claim is allowed.- Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf." 3. Original Record and Proceedings was called for. I have perused the same. In the operative portion of the order, the Tribunal passed the order that out of the amount of Rs.85,000/-, an amount of Rs.65,000/- was directed to be deposited in the name of the Petitioner Nos. 2 to 7 for a period of seven years. The Tribunal further ordered that the Petitioner No.1 was entitled to withdraw the interest earned on the said fixed deposit. Amount of cost was also awarded. 3 4. In the light of the provisions of Section 171 of the Motor Vehicles Act, 1988 and the facts of the present case, the Tribunal chose not to award any interest on the amount. 5. Learned counsel Shri Gunale submits that deceased driver was not having any driving licence. But that issue may not be considered at this stage, as the Appeal is restricted to only grant of interest, as per the submission of learned counsel for the Appellant. 6. I do not find any merit in the Appeal. Appeal stands dismissed. The Record and Proceedings be sent back. [NARESH H. PATIL, J.] asb/NOV09/fa525.05