FAO.No.481/2002. 15.12.2008. Present: Mr.Ashok Sharma, Advocate for the Appellant. Mr. Lalit Kumar Sharma, Advocate, for respondents No.1 to 3. Ms.Jyotika, Advocate for respondent No.4. Dr. Lalit Submits that respondent No.4 Ms.Bimla Devi died during the pendency of the present appeal and her legal heirs are already on record. In this view of the matter, her name is directed to be deleted from the array of parties. The Registry may carry out the amendment in the memo of parties. Accordingly, Ms.Jyotika, learned counsel appointed as court guardian of minor respondent No. 4 on 31st December, 2003 is discharged. The assistance rendered by her is appreciated. In terms of the impugned award a sum of Rs.5,76,000/- plus interest at the rate of 9% was awarded in favour of the claimants. The matter was heard for some time on 26th November, 2008 and 2nd December, 2008 when it was suggested to the learned counsel for the parties to work out an out of court settlement. Today, Mr. Ashok Sharma, learned counsel for the appellant has submitted that the appellant is ready and willing to pay compensation of a sum of Rs.1,66,290/- as principal plus interest at the rate of 12% from 1.8.1998 up to the date of the deposit of the awarded amount in the Registry of this Court. Dr. Lalit, under instruction from his client has willingly agreed to accept the said offer. But, however he submits that interest subsequent to the date of the deposit be also awarded to the claimants. In view of the compromise arrived at between the parties, as prayed the impugned award dated 5th August, 2002 passed by Motor Accident Claims Tribunal (II) Shimla in M.A.C. No. 7-S/2 of 1999 is set aside and it is ordered that the appellant shall pay a sum of Rs.1,66,290/- (principal amount) plus interest at the rate of 12% from 1.8.1998 up to 13.1.2003. Thereafter the awarded amount was deposited and kept in the shape of the F.D.R. by the Registry of this Court. It is clarified that after the said date the claimants shall be entitled to interest only on a sum of Rs.1,66,290/- which was kept in the shape of F.D.R. by the Registry of this Court and the remaining principal amount as also the proportionate interest accrued thereupon shall be released to the appellant. Since the respondent No.5 is no longer in the land of living, therefore the amount shall be apportioned as under: Claimant No.1-Janki Devi 60%. Claimant No.2-Pritam Singh 20%. Claimant No.3-Pawan Kumar 20% The appeal is accordingly disposed of. I must place on record with appreciation the efforts put in by the learned counsel for the parties, more particularly Mr.Ashok Sharma for having got the matter settled which in the present case was necessarily required in the interest of the claimants. (Sanjay Karol),J. December 15, 2008(R)