SBCMA No.199/2008 Hema Ram & Ors Vs. Jawari Lal & Ors. 1 SBCMA No.199/2008 Hema Ram & Ors Vs. Jawari Lal & Ors. DATE OF ORDER : - 19.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Sajjan Singh, for the appellants. Mr.UCS Singhvi, for the respondents. <><><> Heard learned counsel for the appellant and learned counsel for the Insurance Company as nobody appeared even after notice for final disposal served upon the respondents nos. 1 and 2. The appellant is aggrieved against the award dated 17.8.2007 passed in claim case no.61/2004 by the Motor Accident Claims Tribunal, Sojat because of the reason that tribunal has deducted 1/3rd of the amount of income of the deceased who was of the age of 16 years. According to learned counsel for the appellants when notional income is taken in count for assessment of the compensation, the tribunal should not have deducted 1/3rd of the amount out of that income. In support of his contention, he has placed reliance of two judgments of this Court one passed by Single Bench in Shree Lal & Ors Vs. SBCMA No.199/2008 Hema Ram & Ors Vs. Jawari Lal & Ors. 2 Surya Kant & Ors reported in ACTC2005 455 and another Division Bench judgment delivered in Manju Devi & Anr. Vs. Musafir Paswan & Anr. reported in ACTC2005 256. In view of the above, the appeal deserves to be allowed and it will be further relevant to mention here that if income is to be reduced on account of expenditure which would have been necessary for the victim himself then his future earning prospects can be taken into account. In this case, the deduction of 1/3rd of the income of the victim cannot be justified. Therefore, it is held that the claimants are entitled to Rs.2,40,000/- as deceased annual income was Rs.15,000/- and it is to be multiplied by 16. The appellants shall be entitled to interest @ 6% per annum from 12th April, 2004. In view of the above the appeal of the appellants is allowed accordingly. (PRAKASH TATIA), J. c.p.goyal/-