JUDGMENT

Syed Shah Mohammed Quadri, J.-Leave is granted.

2. This appeal is directed against the judgment and order of the Division Bench of the High Court of Judicature at Patna in L.P.A. No. 599 of 1998 dated July 2, 1998 holding that the Letters Patent Appeal was not maintainable.

3. The short question that arises for consideration in this appeal is : whether the Letters Patent Appeal No. 599 of 1998 filed against the order of a learned Single Judge of the Patna High Court passed in M.A.No. 494 of 1996 dated April 13, 1998, is maintainable.

4. The following resume of the facts will be helpful in appreciating the question.

5. The appellant is the owner of a truck which met with an accident, on February 1, 1996, resulting in the death of one Pradeep Kumar. The parents of the victim filed a Claim Case No. 31 of 1996 under Section 140 of the Motor Vehicles Act, 1988. On October 15, 1996, the learned Trial Judge, Madhubani, Bihar ordered that interim compensation of Rs. 50,000/- be paid to the claimants by the Insurance Company within one month. Against that order, M.A.No. 494 of 1996 was filed by the Insurance Company, which was allowed by a learned Single Judge of the High Court on Apri