IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.312 of 2006 UNITED INDIA INSURANCE COMPANY Ltd. ………………… O.P.No.3, Appellant Versus 1. RANJU DEVI W/0- Late Aswani Kumar Saraugi 2. Suniana Kumari 3. Sujata Kumari 4. Salu Kumari 5. Amit Kumar All 2 to 5 son of and daughter of Late Aswani Kumar Sarangi, At Chuniary Tola, Jain Colony, P.S. Kotwali, District-Bhagalpur 1 to 5 claimants - Respondents. 6. Pawan Kumar Patwari S/o-Prabhu Dayal Patwari. At Dumka P.S. Dumka, District- Dumka. …………. O.P.No.2, Respondent 7. Shyam Sunder Sah S/o-Babulal Sah at Krishna Barahal, District Banka ……………… O.P.No.2- Respondent ----------- 15 11.05.2009 Heard counsel for the appellant and counsel for the respondents. Counsel for the appellant-Insurance Company having realized that the solitary issue as with regard to the liability of the Insurance Company of paying the amount of compensation on the ground of the death being part of an accident and thus covered by the provisions of the M.V. Act, having been already decided interparte judgment in the earlier decision in M.A. No. 347 of 1999 dated 9.10.2002, seeks permission to withdraw this appeal. This appeal is accordingly, dismissed as withdrawn. It goes without saying that now when 2 the appeal has been withdrawn by the Insurance Company it will ensure that the payment of the awarded amount by the Tribunal would be paid to the respondents within a period of 60 days from the date of receipt/production of a copy of this order, failing which the amount of interest awarded at the rate of Rs. 9% per annum shall stand enhanced to Rs. 12% per annum. Counsel for the appellant has no objection if the statutory amount deposited by the appellant at the time of filing of the appeal is withdrawn by the claimant-respondent, which amount will be of course adjusted while making full payment as per the order of the Tribunal. Bibhash (Mihir Kumar Jha, J.)