JUDGMENT : Reva Khetrapal, J. By way of this appeal the appellant seeks to impugn the judgment and award dated 16.4.2010 passed in M.A.C.T. No. 21 of 2009 titled Girish Kumar v. Raj Vir. The claim petition was filed by Girish Kumar, appellant herein, who had suffered grievous injuries in a roadside accident, which occurred on 29.11.2008 at Yamuna Vihar, C-Block Bus Stand, Delhi, against the driver, the owner and the insurer of the offending bus bearing No. DL 1-PB 1888, which culminated in the passing of the impugned award dated 16.4.2010 in the sum of Rs. 5,49,976 with interest at the rate of 7.5 per cent per annum in favour of the appellant and against respondent No. 3. 2. Although a number of grounds are urged in the appeal, the sole ground pressed by Mr. R.K. Bachchan, learned counsel for the appellant, at the time of the hearing of the present appeal is that the deduction of 1/3rd from the income for the personal expenses and maintenance of the injured could not have been made by the learned Tribunal while calculating the income of the injured and the amount of compensation payable to the injured for prospective loss of income. 3. Mr. Niraj Singh, the learned counsel for the respondent No. 3, though sought to support the award, did not deny that the deduction of 1/3rd cannot in law be made while computing the prospective loss of income in a case where the victim claims compensation for the injuries sustained by him in a road accident. 4. The Hon'ble Supreme Court in Raj Kumar Vs. Ajay Kumar and Another, (2011) 1 SCC 343 has clearly distinguished the compensation payable to an injured-claimant from loss of dependency awarded to dependent family members of the deceased in the case of a fatal accident. While in the former case, what is to be calculated is the future loss of earnings of the claimant, payable to the claimant himself, in the latter case, it is the loss of future earnings of the deceased, payable to the dependent family members, which is to be calculated. As such, no deduction towards the personal expenses is warranted while calculating compensation payable to an injured-claimant on account of future loss of earnings.
As such, no deduction towards the personal expenses is warranted while calculating compensation payable to an injured-claimant on account of future loss of earnings. In view of the aforesaid, the award is modified to the extent that the amount of compensation shall be calculated without deduction of 1/3rd made by the learned Tribunal. Thus calculated, the prospective loss of income of the deceased works out to Rs. 5,63,448 instead of Rs. 3,75,564 as calculated by the learned Tribunal. The award, accordingly, stands enhanced and total compensation payable to the appellant shall be in the sum of Rs. 7,37,860 with interest at the rate of 7.5 per cent per annum from the institution of the petition by the appellant till realization. The respondent No. 3 is directed to deposit the enhanced amount with up-to-date interest with the Registrar General of this court within one month from today by way of crossed cheque. The appeal stands disposed of accordingly.