Jayanta Kumar Biswas, J.

The insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Purba Medinipur dated April 19, 2006 in MACC No. 809 of 2004.

2. The mother of a 21-year old bachelor victim killed in a motor vehicle accident on April 2, 2004 filed the application claiming compensation under s. 163A of the Motor Vehicles Act, 1988. The claims tribunal granting compensation did not deduct any amount from the victim's income towards his personal and living expenses.

3. Mr. Das appearing for the insurance company has submitted that the claims tribunal ought to have deducted 50% from the victim's income towards his personal and living expenses. He has relied on New India Assurance Co. Ltd. Vs. Charlie and Another, (2005) 10 SCC 720 ; Syed Basheer Ahamed and Others Vs. Mohd. Jameel and Another, (2009) 2 SCC 225 ; and Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121.

4. Mr. Dey appearing for the claimant has defended the award saying that the law referred to by the insurance company was not in existence at the date the claims tribunal passed the award; and that the decisions relied on were g