Prakash Chandra Jaiswal, J.

Heard learned counsel for the appellants and learned counsel for the respondent no. 1 on this Miscellaneous Appeal. Respondent nos. 2 and 3 did not turn up despite service of notice.

2. This miscellaneous appeal has been preferred against the judgment dated 21.10.2011 and award dated 24.12.2011 passed by learned 3rd Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Samastipur in Claim Case no. 92 of 2009/7 of 2011 whereby the learned Tribunal allowing the claim petition filed by the claimants, directed the O.P. no. 3 The National Insurance Company Limited to pay compensation to the tune of Rs. 4,17,500/- after deducting Rs. 50,000/- already paid under Section 140 of the M.V. Act along with interest @ 6% per annum from the date of filing of the claim case till its realization to the claimants with liberty to realize the aforesaid amount of compensation from its owner after its payment.

3. Factual matrix of the case is that Claim Case no. 92 of 2009/ 7 of 2011 was filed by the claimants-appellants under Section 166 of the M.V. Act for awarding compensation to the tune of Rs. 5,00,000/- along with interest @ 10% per annum on accoun