Jain, CJ.

Heard learned counsel for the parties.

2. This Appeal on behalf of National Insurance Co. Ltd., is directed against award dated 26.04.2013, passed by Motor Accident Claims Tribunal, East and North Sikkim at Gangtok (for short ‘the Tribunal’) in MACT Case No. 03 of 2012, whereby learned Tribunal has awarded a total compensation of Rs.4,88,850/-(Rupees four lakh eighty eight thousand eight hundred and fifty) in favour of claimants/respondents in the following heads:

1. Loss of earning : Rs.2,59,350/-

2. Funeral expenses : Rs. 2,000/-

3. Loss of estate : Rs. 2,500/-

4. Loss of love and affection : Rs. 25,000/-

5. Loss of future prospects Rs.2,00,000/-

Total : Rs.4,88,850/-

3. Learned counsel for the appellant submitted that the learned Tribunal has committed an illegality in awarding Rs.2,00,000/-towards loss of “future prospects” as the age of deceased was about 24 years and as per judgment of the Hon’ble Apex Court in the case of Rajesh & Others vs. Rajbir Singh & Others reported in (2013) 9 SCC 54, the compensation for future prospects of the deceased, where the deceased is below 40 years of age, could be 50% of the total income. He has submitted that loss of earning i