JUDGMENT :

1. Heard Sri Sudhanshu Kumar appearing for Sri Swapnil Kumar, learned counsel for the appellant and Sri Saijan Malhotra for Sri Manish Kumar Nigam, learned counsel for the respondent.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 21.10.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, (Court No. 4), Firozabad (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 136 of 2005 awarding a sum of Rs. 3,32,690/- with interest at the rate of 6% as compensation.

3. The deceased was a business man and the Tribunal has considered his income Rs. 99,808/- per annum which is not in dispute. The Tribunal has not added any amount towards future loss of income of the deceased, who died in the accident which took place in the year 2005 as it is submitted by the learned Counsel for the appellant that the case of National Insurance Company Limited v. Pranay Sethi and others, (2017) 0 Supreme (SC) 105, will apply with retrospective effect which is disputed by the learned Counsel for the respondents submitting that the addition cannot be made if the matter is prior to Pranay Sethi judgment and after the judgment of Smt. Sarla