IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.146 of 2005 NATIONAL INSURANCE COMPANY LTD Versus TARA DEVI & ORS ----------- 14 28.4.2009 Heard counsel for the appellant and counsel for the respondents. A prayer has been made on behalf of the appellant, an Insurance Company to refund the amount of Rs. 25,000/- on the ground that the appeal has been disposed of. Such prayer is being opposed by the counsel for the claimants-respondents who would submit that the liability of the Insurance Company still has not been liquidated and as such, the amount instead of being refunded to the Insurance Company, should be sent back to the Tribunal which has now to execute the award as modified under the order of this Court. In the opinion of this Court, counsel for the respondents-claimants is correct. This Court by an order dated 27.11.2008 had allowed the appeal in part by holding the claimants to be entitled for payment of Rs. 1,85,500/- + 9% interest thereon. It is admitted at the Bar that the payment of Rs. 25,000/- will not be 2 in excess to the amount already awarded and therefore, this Court would direct that the amount which was deposited by the appellant at the time of filing of this appeal, Rs. 25,000/- should be sent to the Tribunal for its being adjusted towards the payment of compensation to the claimants. Rsh (Mihir Kumar Jha, J.)