IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3646 of 2008 1. MD. JABBAR, sosn of Late Md. Saheed 2. Bibi Nargish Bano, wife of Md. Jabbar, Both resident of Station Road, Kela Bagan Purani P.S. Jagdishpur, District Bhagalpur Versus 1. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., BHIKHANPUR CHOWK, THANA KOTWALI, DISTRICT BHAGALPUR 2. MD. SHAKEEL, AT & P.O. KHARHARA, P.S. BARHAT, DISTRICT BANKA ----------- 07/ 18.3.2009 Heard learned counsel for the petitioners, who were respondents in Misc. Appeal No. 109 of 2003, which was dismissed under orders dated 2.5.2007. It is submitted on behalf of the petitioners that while dismissing the aforesaid appeal under orders dated 2.5.2007, this Court did not pass order directing the High Court office to refund the statutory amount, which was deposited in the office of this Court in terms of the provisions contained in Section 173 of the Motor Vehicle Act, 1988. The present application has been filed for a direction to the office to refund the statutory amount deposited in the office of this Court for maintaining the aforesaid Misc. Appeal No. 109 of 2003 to the opposite parties, the father and mother of the deceased. A copy of the present application was handed over to the learned counsel, who filed Misc. Appeal No. 109 of 2003 and he accepted notice of these proceedings on behalf of the Insurance Company, as is evident from the order dated 2 03.03.2009, passed in the instant case. None on behalf of the Insurance Company has chosen to contest the request made in this application. In the circumstances, this Court directs that the statutory amount deposited in the office of this Court to maintain Misc. Appeal No. 109 of 2003 be paid to the two petitioners, the claimants and they should grant receipt therefor. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)