1. Leave granted.

2. Challenge in the present appeal is to the order dated 17-042023 passed by the High Court in SBCMA No. 597/2002 and SBCMA No. 480/2002 whereby the award passed by the Motor Accident Claims Tribunal in Jaipur in favour of the appellants was set aside.

3. The accident, in the case in hand, took place on 28.04.1996, the Tribunal awarded compensation of Rs. 1,90,000/- (Rupees One Lakh Ninety Thousand only) in an application filed by the appellants, who are husband and children of the deceased, under Section 163-A of the Motor Vehicles Act, 1988. The High Court reversed that order holding the application to be not maintainable. The amount of compensation paid to the appellants in view of the award of the tribunal was directed to be refunded to the Insurance Company along with interest @ of 9% per annum. The judgment of the High Court attained finality.

4. The only contention raised by the learned counsel for the appellant is based on the judgment of this Court in (2004) 8 SCC 644 United India Insurance Co. Ltd. vs. Harchand Rai Chandan Lal. He claimed that though the law is against him, however, on the ground of equity, the appellant should not be made to refund the amount which they had received way back in the year 2002.

5. Learned counsel for the Insurance Company submitted that the law being against the appellants, the award of the Tribunal having been set aside by the High Court, there is no equity in favour of the appellant. The judgment relied upon by the appellants is not applicable in the facts of this case for the reason that in that case, 3 forums were in favour of the claimants. In the case in hand, it is only the Tribunal which had awarded the compensation to the appellants, which was reversed by the High Court.6. After hearing learned counsel for the parties, in our opinion, the present appeal can be disposed of with an equitable consideration only to the extent that the appellant should not be made to pay the interest on the amount of compensation which they had received.

7. A sum of Rs. 1,90,000/- (Rupees One Lakh Ninety Thousand only) was paid to the appellants in terms of the award. Let the same be repaid by the appellants to the respondent Insurance Company within two months from today. The same shall be deposited in the office of New India Assurance Co. Ltd. 2nd Floor, South Block, Nehru Place, Tonk Road, Jaipur, Rajasthan-302013 (A/C No.21600200000049 maintained at Bank of Baroda, Nehru Place, Tonk Road, Jaipur, IFSC Code: BARBONEHJAI). If the amount is transferred in the bank account as mentioned above, intimation thereof be sent to the office of the Insurance Company as noticed above.

8. The appeal is allowed to the extent mentioned above with the modification of the impugned order passed by the High Court.

9. Pending application(s), if any, shall also stand disposed of.