Judgment : GURUSHARAN SHARMA, HARI SHANKAR PRASAD, JJ. ( 1 ) MADAN Gorain, husband of appellant was travelling on a Trekker No. BPW 6196 on 30. 9. 1983 while coming from village Dewatarn within Dhanbad district to attend his work at Putki. The said Trekker dashed against a rickshaw on the way near Syndicate Bank, Dhanbad, and met with an accident in which Madan gorain died. ( 2 ) HIS widow made an application under section 166 of Motor Vehicles Act, 1988, for compensation of Rs. 1,20,000. It was registered as Title (MV) Suit No. 147 of 1993. ( 3 ) NO documentary evidence in respect of earnings of the deceased, who was 35 years old was produced. However, the oral evidence on behalf of the claimant was brought on record that the deceased was a daily wage earner and was earning Rs. 30 to Rs. 33 per day. ( 4 ) IN absence of any positive evidence of actual amount of earnings of the deceased, Tribunal assessed annual dependency at Rs. 3,000 and applied multiplier of 16 thereto. Thus total amount of Rs. 48,000 was calculated to be paid to her as compensation, plus Rs. 2,000 for mental shock and agony on account of death of her husband. ( 5 ) THE claimant has preferred the present appeal under section 173 of the Act for enhancement of compensation amount. ( 6 ) MR. Lal, counsel for insurance company submitted that after filing of the present appeal, entire amount of compensation along with interest was deposited by the insurer, which was received by claimant by way of full and final satisfaction of the impugned award and as such she is not entitled to claim further enhancement of compensation amount in this appeal. ( 7 ) THERE is nothing on record to suggest that the claimant was satisfied with the impugned award and received the aforesaid amount with an undertaking to withdraw the present appeal. She had every right to file statutory appeal and was entitled to withdraw compensation amount deposited by owner/insurer of the vehicle in question, pursuant to Tribunals award. However, such withdrawal is always subject to the result of appeal, if any, filed against the Tribunals award. She had every right to file statutory appeal and was entitled to withdraw compensation amount deposited by owner/insurer of the vehicle in question, pursuant to Tribunals award. However, such withdrawal is always subject to the result of appeal, if any, filed against the Tribunals award. ( 8 ) WE find that in para 11 of the impugned judgment, Tribunal observed as under:"it is the case of the year 1993 and witnesses have deposed in 1995, therefore, keeping all above facts into account the deceased might be earning wages at Rs. 25 per day except Sundays as admitted by shukarmani Devi (claimant)". ( 9 ) IN view of aforesaid observation, we are of the view that Tribunal ought to have calculated annual dependency on the basis that deceased was at least earning Rs. 25 per day except Sundays, i. e. , on 315 days in a year which comes to Rs. 7,875. It was claimed that deceased was spending only rs. 3 per day towards his personal expenses, which was disbelieved by the tribunal. So, in absence of definite evidence in this regard, one-third of his earnings should be deducted. In this manner, annual dependency is calculated at Rs. 5,250 and on applying multiplier of 16 thereto, total amount of compensation is assessed at rs. 84,000, which is payable to claimant-appellant along with interest at the rate of 9 per cent per annum from the date of filing of claim case till payment. ( 10 ) ACCORDINGLY, we enhance the compensation amount from Rs. 50,000 to rs. 84,000 and reduce rate of interest from 12 per cent to 9 per cent following ratio of recent decision of the Apex Court in kaushnuma Begum v. New India Assurance co. Ltd. , 2001 ACJ 428 (SC), wherein it was held that with a change in economy as well as policy of Reserve Bank of India, interest rate has been lowered and nationalised banks are now granting interest only at the rate of 9 per cent on fixed deposits for one year and as such interest at the rate of 9 per cent only be granted in M. V. cases too. ( 11 ) WITH aforesaid modification in the impugned judgment and award, this appeal is disposed of. However, there shall be no order as to costs. Appeal disposed of. --- *** --- .