IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.828 of 2002 THE NEW INDIA ASSURANCE COMPANY Versus SMT. ANUSHILA PANDEY & ORS ----------- 16. 30/01/2009 M.A.No.9 of 1997 was dismissed by order dated 13.9.2001 with modification that compensation amount was reduced to Rs.50,000/- along with interest @ 9% per annum since the date of filing of the application in the lower court till its realization. Subsequently, a petition was filed by the Insurance Company (appellant) for withdrawing the statutory amount deposited in this Court for maintaining the appeal. The application was taken up on 7.1.2002 on which date the claimant respondent submitted that nothing had been paid to the claimant till then. In the circumstances, the application was disposed of with a direction for payment of statutory amount to the claimant on proper verification and identification. Subsequent to that, this MJC application has been filed on 8.4.2002 for modification of the said order dated 7.1.2002 claiming therein that an amount of Rs.50,818/- had been deposited in the court below through cheque which had been received by the claimant and therefore, nothing remained to be - 2 - paid to the claimant. By order dated 25.4.2002 passed in this MJC application, a report was called for from the court below as to whether the amount of compensation as quantified by this Court in Miscellaneous Appeal had been received by the claimant or not. In the meanwhile, respondent- claimant was restrained from withdrawing the statutory amount deposited by the appellant in the appeal in this Court. A report was received from the court below dated 8.5.2002 from which it appears that the claimant respondent had received cheque of Rs.50,818/- on 13.2.2002. It is not clear that the amount of Rs.50,818/- satisfied the quantified compensation fixed by this Court with interest @ 9% per annum as directed by this Court to be calculated from the date of application till the date of actual payment to the respondent claimant. In the circumstances, office is directed to transfer the said statutory amount deposited by the appellant in M.A.No.9 of 1997 for maintaining the appeal in this Court to the concerned court, which is said to be 1st Additional District Judge, Madhubani, in connection with claim Case No.7of1990/20 of 1996. - 3 - The court below shall calculate the amount of interest payable to the respondent claimant as per directions of this Court in its judgment dated 13th September, 2001. If the court below finds that some more amount is payable to the claimant on account of interest awarded by this Court on the amount of compensation of Rs.50,000/-, it shall withhold such amount from the statutory amount transferred from this Court for payment to the claimant respondent. The remaining amount out of the statutory amount transferred from this Court shall be refunded to the appellant Insurance Company within a fortnight from the date of receipt of the transferred amount in the court below. If some amount out of the statutory amount transferred to the court below becomes payable to the respondent claimant on calculation of interest as made applicable by this Court, the court below shall issue notice to the respondent claimant for reporting to the court for receiving the same. With the aforesaid observations and directions, this MJC application is disposed of. Pradeep/ (J. N. Singh, J.)