ORDER :

UDAY U. LALIT, J.

1. Leave granted.

2. This appeal challenges the judgment and order dated 24.04.2018 passed by the High Court of Judicature at Allahabad dismissing First Appeal No. 2129 of 2018. Said appeal was preferred by the present appellant challenging the determination by Motor Accidents Claim Tribunal, Allahabad (“the Tribunal”, for short) vide its award dated 17.01.2018, whereby compensation in the sum of Rs.24,43,432/-was awarded with 7% interest, while considering the claim in respect of an accident which resulted in the death of one Jairam Shukla.

3. While assessing the compensation, reliance was placed by the Tribunal on Rule 220A of the U.P. Motor Vehicles Rules, 1998 (“the Rules” for short). For the present purposes, we are concerned with Rule 3(iii) of the Rules which is to the following effect:

“(3) The future prospects of a deceased, shall be added in the actual salary or minimum wages of the deceased as under:

…

(iii) More than 50 years of age: 20% of the salary.”

4. The basic ground of challenge by the appellant is that sub-rule 3(iii) of Rule 220A is contrary to the conclusions arrived at by the Constitution Bench of this Court in National Insurance Company. L