FAO No.33/2005 C. O. No. 327/2005 4.8.2009 Present: Mr. G. D. Sharma, Advocate, for the appellant. Mr. J. L. Bhardwaj, Advocate, for respondents No.1 to 5. Mr. R. K. Gautam, Sr. Advocate with Mr. J. S. Bagga, Advocate, for respondent No.7 In the impugned award dated 16.10.2004 passed by the Motor Accident Claims Tribunal (II), Una, H.P., in M.A.C. Petition No. 135 of 2001 titled as Veena Devi & Ors. vs. Sarab Deen & Ors., the Court below directed the payment of Rs.9,02,000/- as compensation payable to the claimants being respondents No.1 to 5 herein. The liability to pay the said amount was held to be that of the owner and driver of the vehicle in question. However, since the vehicle was insured with M/s. Oriental Insurance Co. Ltd., the owner was held to have been indemnified by the said insurer. Ultimately, it was the insurer who was directed to pay the said amount. The owner, Shri Karam Deen has filed the present appeal. The matter was heard for some time and on the asking of the Court, the parties endeavoured to arrive at an out of Court settlement. Today, it is stated at the bar that the parties have already arrived at an out of Court settlement and pray for disposal of the present appeal in terms thereof. The efforts made by the learned counsel for the parties and particularly Mr. R. K. Gautam, learned Senior Counsel are highly appreciated. The insurer had deposited Rs.25,000/- in the Registry of this Court. In terms of the agreement, the insurer shall be entitled to immediately withdraw the said amount along with up-to-date interest. Over and above the same, the claimants being respondents No.1 to 5 herein, have agreed to refund a sum of Rs.75,000/- to the insurer within a period of eight weeks from today. It is agreed that if the said amount is not paid within the said period, the claimants shall also be liable to pay interest @ 9%. Under the circumstances, the owner does not press the present appeal. Similarly, cross-objections filed by the claimants are also not pressed. The present appeal is disposed of as such, so also the pending applications. ( Sanjay Karol ), Judge. August 4, 2009 (rana)