MACApp. 7/2010 BEFORE THE HON’BLE MR. JUSTICE I.A. ANSARI This appeal has arisen out of the award, dated 14.02.2009, passed in MAC Case No.255/2008, by the learned Additional District Judge. (FTC No.3), Kamrup, Guwahati, whereby the appellant, as insurer of the offending vehicle, has been directed to pay a sum of Rs.4,79,373/- as compensation to the appellant-responde nt Nos.1 and 2 herein as legal representatives of the deceased, whose death, in a motor vehicular accident, has given rise to the claim proceeding. The awarded amount has been directed to be paid, with interest @ 8% per annum from the date of making of the claim application, with further direction that the said amount shall be paid by the insurer-appellant to the claimant within a period of one mo nth from the date of making of the award. Heard Mr. D. Mazumdar, learned counsel, for the insurer-appellant, and Mr. BK Ja in, learned counsel, for the claimant-respondents. None has appeared on behalf o f the remaining respondents. The appeal puts to challenge the impugned award with the grievance that while ma king deduction from the salary of the deceased, the Tribunal committed arithmeti cal error by deducting Rs.1,333/-; whereas the deduction ought to have been Rs.1 ,916/- per month and, if the deduction made by the learned Tribunal is correct, then, the impugned award would get reduced by a sum of Rs.43,956/- and the claim ants-respondents would become entitled to receive, in all, Rs.4,35,417/-. Mr. BK Jain, learned counsel for the claimant-respondents, does not dispute th e correctness of the submissions so made on behalf of the appellant. Situated thus, this Court is of the view that instead of keeping this appeal pen ding and disposing of the same after causing service of notice on the remaining respondents would not be the interest of justice inasmuch as the remaining respo ndents would not be adversely affected if the appeal, to the extent as indicated hereinbefore, is allowed. In view of the above and in the interest of justice, the impugned award, dated 1 4.10.2009, is hereby modified by making it clear that the insurer-appellant shal l be liable, in all, to pay to the claimant-respondents a sum of Rs.4,35,417/- a s compensation with interest @8% per annum from the date of making of the claim application until realization of the entire compensation amount. It is further d irected that the insurer-appellant shall pay to the claimant-respondents the awa rded amount, as modified hereinbefore, within a period of one month from today a nd shall accordingly deposit the modified awarded sum of Rs.4,35,417/- with the learned Tribunal, which had passed the impugned award. The claimant-respondents shall be at liberty to withdraw the statutory deposit of Rs.25,000/-, which the insurer-appellant has deposited with the Registry of this Court. With the above modifications in the impugned award, this appeal shall stand disp osed of.