JUDGMENT :

Heard Mr R Goswami, learned counsel for the appellant and Mr P Borah, learned counsel for the respondent No. 1.

2. This appeal is directed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter in short, the “MV Act”), against the Judgment and Award dated 27.03.2017, passed by the learned Member, MACT, Sonitpur, in MAC Case No. 69 of 2014 (D), awarding Rs. 10,25,000/-(Rupees Ten Lacs Twenty Five Thousand) Only in favour of the claimant/respondent.

3. The factum of accident has not been challenged in the case. Learned counsel for the appellant Insurance Company has argued that the deceased was a law student and although she was stated to be working in M/s Trident Infra-projects Private Ltd., drawing a salary of Rs. 10,000/-per month but her income was not proved but as per settled provision of law, the provision for enhancement of the income for future prospect is only for salaried persons, fixed income or self employed. In the present case, the salary of the deceased was not proved and an income of Rs. 5,000/-was presumed by the learned Member MACT, while making assessment of compensation and as such, the claimant is not entitled to the benefit of addition of 50% of