IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.308 of 2008 1. GULAM NABI KHAN, S/O LATE GULAM MUSTABA KHA 2. BIBI JAINAB, W/O GULAM NABI KHAN BMOTH RESIDENTS OF VILLAGE KEWALI, P.S. CHANDAUTI, DISTRICT GAYA .. APPELLANTS Versus GULAM SAMDANI, S/O GULAM RASUL, R/O VILLAGE BARA, P.S. CHANDAUTI, DISTRICT GAYA, OWNER OF MAXI – 407 BEARING REGISTRATION NO. BEB 6221 .. RESPONDENT **** /6/ 09.09.2010 Heard learned counsel for the parties. 2. This Miscellaneous Appeal is directed against the order, dated 02.04.2008, against the order of the ad interim compensation to be paid to the claimants within two weeks by opposite party. The appellants are the claimants. However, the grievance of the claimants is that though the interim compensation has been granted to the tune of Rs.25,000/-, but, no interest has been ordered to be paid on the said compensation amount. However, it is true that even on interim compensation the Tribunal has jurisdiction to pass an order of interest. However, order has been passed on petition under Section 140 of the Motor Vehicles Act, 1988, when the claim is still under Section 166 of the Motor Vehicles Act, 1988, and the order passed is not final and it - 2 - is the discretion of the Court to grant compensation with interest. 3. However, having regard to the fact that the matter is not final as the order is for interim compensation under Section 173 of the Motor Vehicles Act, 1988, and it is the discretion of the Court and the Court may consider the aspect of the interest when the final order is passed and, hence, I do not find any illegality in the impugned order to interfere. 4. The Miscellaneous Appeal is dismissed. S.A. (Gopal Prasad, J. )