IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.646 of 2008 DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD. Versus 1. SUNIL KUMAR SINGH S/O JAGESHWAR PRASAD SINGH 2. JULLY KUMARI D/O JAGESHWAR PRASAD SINGH 3. SUSMITA KUMARI D/O JAGESHWAR PRASAD SINGH (MINOR) 4. SATYAJEET KUMAR S/O JAGESHWAR PRASAD SINGH (MINOR) BOTH MONORS ALL R/O VILLAGE AND P.O. SAHA P.S. SONVARSA DISTRICT- SAHARSA …………. CLAIMANTS 5. RAKESH RANJAN S/O DEEPAK SINGH R/O NASRAT KHANI P.O. & P.S. NATHNAGAR DISTRICT- BHAGALPUR …………. OPPOSITE PARTY 6. PRASUN KUMAR S/O CHANDRA BHOWAN SINGH R/O VILLAGE, P.O. AND P.S. BHAWANIPUR (BIHPUR) DISTRIT- BHAGALPUR (OPS. PARTY NO. 2.) …………RESPONDENTS ----------- 07.02.2011 Heard the parties. The appellant is aggrieved with the order dated 6.8.2010 passed by Motor Vehicles Claims Tribunal Cum 3rd Addl. District Judge Naugachia in M.V. Claim Case No. 47/2005, by which he has allowed interim compensation under Section 140 of the Motor Vehicles Act without considering the written statement of the appellant that he was a gratuitous passenger. However, since the present order only pertains to an interim compensation, I am not inclined to interfere in the order and dispose off the application with a direction to the claims tribunal to frame issues in the main application filed under Section 166 Motor Vehicles Act and pass appropriate orders at due stage. However, the order granting interim compensation is not disturbed by this court. For this reason Rs. 25,000/- deposited by the appellant as statutory amount for admission of the appeal is remitted to the court below for disbursement to the claimant as part of the compensation amount. With these observations, the application is disposed off. Fahad. ( Anjana Prakash, J. )