JUDGMENT :

NAJMI WAZIRI, J.

MAC.APP. 643/2017 & CM APPL. 25894/2017

1. The award of compensation dated 19.04.2017 passed by the learned MACT in MACP No. 43/16 is impugned on the ground that, instead of compensation @ 40% towards "loss of future prospects" in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & Ors, (2017) 16 SCC 680, 50% has been awarded to the claimant, who was merely 37 years of age. The Court is of the view that the position of law stands settled in this regard, by the cited judgment. Since the deceased was under 40 years of age and not in permanent employment, he would be entitled to only 40% towards "loss of future prospects". Accordingly, the impugned order is modified: the loss of compensation shall be calculated at 40% and not at 50%.

2. The other argument is that there was no proof of expenditure on medical expenses and physiotherapy treatment, therefore, Rs.72,007/- ought not to have been granted. The impugned order has reasoned as under:-

"3. R-1 and R-2 filed joint written statement/reply thereby stating therein that the petitioner suffered injuries due to his own fault and respondents took the petitioner to Vimhans Hospit