IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.179 of 2007 ====================================================== Pushpa Singh & Anr .... .... Appellant/s Versus Demoy Kishku & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12 01-03-2012 Heard Sri Mukul Prasad, learned counsel or the appellants and Sri Sanjay Singh, learned counsel, who has appeared on behalf of respondent no. 5 i.e. Insurer of the offending vehicle on Interlocutory Application i.e. I.A. No. 8996 2011 which has been filed for refund of the statutory amount which was deposited at the time of filing of the Appeal. The present Appeal was dismissed by a Bench of this Court on 21.11.2008 on the ground of limitation itself. The present Appeal was preferred by the appellants who were owner of the offending vehicle against the judgment dated 27.05.2003 and award dated 05.08.2004 passed by the learned 1st Additional District & Sessions Judge, Bhagalpur, in Claim Case No. 10 of 2002 . By the said judgment the owner of the offending vehicle was directed to pay compensation amount to Patna High Court MA No.179 of 2007 (12) dt.01-03-2012 2 / 2 2 the claimants. However, the Appeal stood dismissed on limitation itself by the aforesaid order. It was submitted by learned counsel for the appellants that against the same judgment and award the claimants had also filed an Appeal vide M.A. No. 424 of 2004 which was allowed on 04.10.2010 by a Bench of this Court and this Court directed the Insurer i.e. the respondent no. 5 & 6 in the present case for making payment of the compensation amount. Earlier, the record of M.A. No. 424 of 2004 was summoned. I have perused the same. The Insurer has also been directed to make payment of the compensation amount. Even though the Appeal preferred by the appellants in the present case stood rejected, the appellants are entitled to get back the statutory amount which was earlier deposited. Accordingly, the interlocutory application stands allowed. Office is required to refund the statutory amount which was deposited at the time of filing of the Appeal to the appellants. Praful/- (Rakesh Kumar, J)