Michael Zothankhuma, J.

1. Heard Mr. Lalfakawma, learned counsel for the appellant New India Assurance Company Limited. Also heard Mr. Lalchhanliana Khiangte, learned counsel for the respondent/claimant The question that has to be decided in this appeal is whether compensation can be awarded under conventional heads under an application made under Section 163-A of the Motor Vehicles Act, 1988.

2. The brief facts of the case is that the deceased Lalchhanhima, 31 years of age died in a motor accident when the vehicle he was driving rolled down a hill. The deceased was driving an LPT 3118TC, bearing registration No. MZ-01 J/7379 on 23.06.2015. Thereafter, his father made a claim for payment of compensation under Section 163A of the Motor Vehicle Act, 1988.

3. The learned MACT, Aizawl, vide Judgment & Award dated 03.10.2016, passed in MACT Case No. 3 of 2016, awarded compensation amount of Rs. 9,62,000/- along with interest @ 9% per annum from the date of filing of the claim petition i.e., 12.02.2016 till final payment to the claimant

4. The amount of compensation arrived at by the learned MACT, Aizawl, as reflected in para 12 of the Judgment & Award dated 03.10.2016, is reproduced below :

“(1)	Annual Income	Rs.3000x12=36,000
(2)	Addition of 50% for future prospects	Rs.36,000 x 50 = 18,000 100
(3)	Loss of Income	36000+18000x17x2=6,12,000 3
(4)	Loss of love & affection for father	Rs.1,00,000
(5)	Funeral Expenses	Rs.50,000
(6)	Loss of Estate	Rs.1,00,000
(7)	Loss of expectation of life	Rs.1,00,000
Total Compensation Awarded		Rs.9,62,000.00”

5. The learned counsel for the appellant submits that there are no disputed questions of fact in the present appeal and the only dispute is with regard to; whether the conventional heads, which are not reflected in the 2nd Schedule, can be awarded to the claimant, who has made a claim under Section 163-A of the MV Act, 1988. He submits that in the 2nd Schedule of the M.V. Act, 1988, the heads under future prospects, loss of love & affection and loss of expectation of life do not find mention. However, compensation has been awarded under those heads.

6. The appellant's counsel submits that the principles that have evolved with regard to payment of compensation for future prospects, loss of love & affection and loss of expectation of life are recent and involve claims under Section 166 of the MV Act. However, as the same are not mentioned in the 2nd Schedule, the learned MACT could not have awarded the amounts under those conventional heads, which are not included under the 2nd Schedule. In support of his submission, the learned counsel for the appellant has relied upon the judgments of the Apex Court in Deepal Girishbai Soni & Ors. v. United Insurance Co. Ltd., reported in 2004 (5) SCC 385, Puttamma & Ors. v. K.L Narayana Reddy & Anr,. reported in 2013 (15) SCC 45 and Para 9 of the judgment of the constitutional bench of the Supreme Court decided on 31.10.2017 in Special Leave Petition (Civil) No. 25590 of 2014, National Insurance Company Limited v. Pranay Sethi & Ors.

7. The appellant's counsel also submits that the deceased was a bachelor at the time of his death and as such, the claimant, who was the father, only entitled to 50% of the income, i.e., loss of dependency would be 50% of the actual income of the deceased. In support of above, he relied upon the judgment of the Apex Court in Reshma Kumari & Ors. v. Madan Mohan & Anr., reported in (2013)9 SCC 65.

8. Mr. Lalchhanliana Khiangte, learned counsel for the respondent/claimant submits that even though the conventional heads under future prospects, loss of love & affection and loss of expectation of life are not specifically mentioned in the 2nd Schedule of th