IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.415 of 2008 1.PRADIP KUMAR PASWAN 2.KOUSAL KUMAR PASWAN, Sons of Late Rameshwar Paswan, 3. MALA DEVI 4. PUTUL DEVI 5. KALO DEVI 6. DUKHNI DEVI All R/O Village- Fatehpur(Paswan Tola), P.O.- Fatehpur, P.S. Sabour(Zeromile), Distt. Bhagalpur ..........Appellants/Claimants Versus 1. MD. SAHJADA, S/O Md. Salim (Owner of Tempo No. BR-10-C-8141) R/O Vill. Fatehpur, P.O.- Sabour, P.S. Sabour (Zeromile) Distt. Bhagalpur. 2. NATIONAL INSURANCE CO. LTD. (who has cusurar of Tampo No. BR-10-C-8141 .........Respondents. For the Appellants: Rajive Ranjan Singh, Advocate. For the Respondents: Ashok Priyadarsi, Advocate. 7/ 05-07-2010 Heard learned counsels appearing for the parties. This appeal has been preferred against the order dated 12th May 2008, passed by Sri S.N. Mishra, VIIth Additional District Judge-cum-Motor Accident Claim Tribunal, Bhagalpur in Claim Case No. 49/2004/9/2007, awarding a sum of Rs. 55,500/- as compensation amount and a sum of Rs. 50,000/- as interim compensation was paid to the claimants, only Rs. 4,500/- with interest was to be paid but at the same time court below has observed that, “it is clear that this is a case of contributory negligence, so opposite party no. 3, the Insurance Company have to pay only half of the total compensation amount i.e. 2,750/- together with interest pendente lite in future at the rate of 9% per annum and accordingly, the Insurance Company can recover the rest amount from the claimants through process of the court, after 2 deducting the aforesaid amount”. During course of argument, learned counsel for the respondent, Insurance Company has fairly conceded that in fact the plaintiff-appellant is entitled for the entire amount i.e. sum of Rs. 54,500/- with interest at the rate mentioned in the impugned order and there is nothing to be recovered from the claimants and the Insurance Company ready to pay the remaining amount to the claimants, if not paid within two months from today. In view of the above submission made on behalf of the respondent Insurance Company, learned counsel for the appellant submitted that if the entire amount as awarded is paid to the claimants with interest, nothing remains for adjudication in this appeal. Taking into consideration the submissions made above from the Bar, this appeal stands disposed of without any further adjudication, with expectation that the parties shall respect their submissions made during course of argument. Praveen ( Akhilesh Chandra, J.)