/. Case No CRP No.6 of 2009 Serial No. Order (s) with Signature (s) PRESENT HON'BLE MR. JUSTICE A. P. SUBBA, JUDGE Heard Mr. A. K. Upadhyaya, learned senior counsel assisted by Mr. Ashim Chhetri, learned counsel for the petitioner/Revisionist as well as Ms. Jyoti Kharka, learned counsel for the respondent Nos.1, 2 and 3 and Mr. J. Wangchuk Bhutia, learned counsel for the respondent NO.4. This application filed under Sect:ion 227 of the Const:it:ution of India is directed against the impugned ].udgment/award dat:ed 24-02-2009 passed by the learned Member, Motor Accident claims Tribunal, South & West at: Namchi in MACT Case No.11 of 2008. The only grievance raised by the Revisionist is that the amount of Rs.5,85,500/- as awarded by the learned tribunal was bad on account of the total annual income of the deceased having been taken as Rs.48,000/- instead of Rs.40,000/- as specified in the second schedule att:ached to t:he Motor Vehicles Act, 1988. In the course of the hearing today the learned counsel for bot:h the parties submitted at the bar that the respondents having accepted the posit:ion that t:here was mis-calculation by the learned tribunal, they worked out the amount as per t:he second schedule and on such calculation the amount comes to Rs.4,89,500/- without interest and Rs.5,62,925/- wit:h interest: calculated @10% from the date of application till date. Both parties have accordingly prayed for necessary modification for the award. SGPG- 3/ High Courv 5000 Nos/ 2.4.2009 CLS Case No CRP No.6 of 2009 _I Serial No. Order (s) with Signature (s) In view of the above, the respondents-claimants shall be entitled t:o the award of Rs.5,62,925/- including interest till date instead of Rs.5,85,500/.-. Accordingly, as ].ointly prayed for the impugned award stands modified. As undertaken by the Revisionist, the above amount under the modified award shall be paid to the respondents within one month from today. Send a copy of t:his order to the learned tribunal at Namchi for information and compliance. Records of the lower Court be returned fort:hwith. This pet:ition stands disposed. wl-- SGPG- 3/ High Courv 5000 Nos./ 2.4.2009