-1- C.M. Appl.78/2007 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Miscellaneous Application No.78 of 2007. IN D.B. Special Appeal (Civil) No.59 of 2003. Bhuli Devi wife of late Shri Ram Swaroop and Others VERSUS United India Insurance Company Limited and Others. Dat e of Order :::: 16.12.2010. Hon'ble Mr. J ust ic e Dalip Singh Hon'ble Mr. J ust ic e Ajay Rast ogi Mr. Vimal Kumar Jain, Counsel for the applicants Mr. Inderjeet Singh, Counsel for the respondents **** By the Court :- In response to our notice, Shri Inderjeet Singh, Advocate has appeared on behalf of the Insurance Company -respondent No.1. We have heard learned counsel for the parties. The miscellaneous application has been filed by the claimants with the submission that after the decision of the Division Bench enhancing the amount of compensation vide judgment dated 14.12.2004 in D.B. Special Appeal (Civil) No.59 of 2003 an amount of Rs.1,44,000/- be paid with interest @ 9% per annum from the date of filing of the claim petition, the enhanced amount with interest has not been paid to the claimants within a period of two months, as directed by this Court. It was submitted by the learned counsel that the -2- C.M. Appl.78/2007 said amount was originally deposited by the Insurance company with the learned Tribunal, but on account of the fact that the record was not available with the learned Tribunal the amount could not be disbursed to the claimants. In view of the above, the cheque, which was deposited by the insurance company, was returned to the insurance company. It is not disputed that in the absence of encashment of the cheque the insurance company has not parted with the amount, which has remained with the insurance company till the amount was paid on or about 21st July, 2010. There is, therefore, the rightful claim of the applicant-claimants for interest on account of the delayed payment. We would, accordingly, direct that the applicants would be entitled to receive interest, as awarded by the Division Bench in the judgment dated 14.12.2004 @ 9% per annum on the enhanced amount from the date of filing of the application, upto the date of realization i.e. on or about 21.07.2010. The learned Tribunal is directed to calculate the difference of the amount and the insurance company would make the payment by means of demand draft to the claimiants within 30-days thereafter before the learned Tribunal. The parties are directed to appear before the -3- C.M. Appl.78/2007 learned Tribunal on 7th January, 2011. The learned Tribunal is directed to decide the matter on the same day. The miscellaneous application stands disposed of as above. (Ajay Rast ogi) J . (Dalip Singh) J . Ashok/