JUDGMENT 1. - Heard learned counsel for the parties. 2. After considering the submissions of learned counsel for the parties and for the reasons mentioned in the application, the delay of 17 days in filing the special appeal is condoned. 3. Accordingly, the application under Section 5 of the Limitation Act stands allowed. 4. At the request of learned counsel for the parties, the arguments were heard in the appeal and the same is being disposed off finally. 5. The respondents No. 1 and 2 filed a suit for compensation under the provisions of Fatal Accident Act, 1855 against the defendant-appellant as well as defendant-respondent No. 3 in the trial Court in respect of death of one child named Annu, aged about 4 years. An application for interim compensation was also filed, but the same was dismissed by the trial Court vide order dated 13.8.2008. Being aggrieved with the same, the claimants preferred S.B. Civil Writ Petition No. 11999/2008, which was allowed by learned Single Judge vide order dated 10.11.2008 directing the respondents to pay an amount of Rs. 40,000/- as interim compensation to the claimants. The said order of learned Single Judge is under challenge in this intra-Court appeal. 6. Learned counsel for the claimants/respondents submitted that an amount of Rs. 40,000/- has already been paid to the respondents in pursuance of directions of learned Single Judge and it being an interim compensation, the present appeal has become infructuous and the same may be dismissed as such. 7. The fact of payment of amount of interim compensation has not been controverted by learned counsel for the appellant. 8. Be that as it may, since this appeal is directed against an interim compensation which has already been paid as stated by learned counsel for the respondents No. 1 and 2, we think it proper to dispose of this intra-Court appeal observing that amount of interim compensation paid to claimants/respondents No. 1 and 2 will be subject to final result of the suit. It is further observed that whatever grounds, which have been taken by the appellant in this special appeal including the maintainability of the suit, will be allowed to be taken in the main suit by the trial Court. 9. With the aforesaid observation and directions, the intra-Court appeal is disposed off. The stay application is also disposed off.Appeal Disposed of. *******