Deepak Gupta, C.J.:-

The claimants have filed this appeal challenging the award of the learned Motor Accident Claims Tribunal, West Tripura, Agartala, whereby a sum of Rs. 1,53,000/- has been awarded to the claimants under Section 163A of the Motor Vehicle Act.

2. The main grievance of Mr. Roy, is that no deduction of 1/3rd could have been made after assessing the compensation payable under Section 163 of the Motor Vehicles Act. He has relied upon the judgment of the Apex Court in Manju Devi and another v. Musafir Paswan and another reported in 2005 ACJ 99, wherein in the case of a 13 year old boy the Apex Court held that the income should be taken to be Rs. 15,000/- and multiplier of 15' should be used and finally awarded compensation of Rs. 2,25,000/-

3. The Apex Court has not laid down any proposition of law that no deduction has to be made. It is also clear that the attention of the Apex Court was not drawn to the note below the second schedule to Section 163A of the Motor Vehicle Act, which reads as follows:

Note:- The amount of compensation so arrived at in the case of fatal accident claims shall be reduced by 1/3rd in consideration of the expenses which the victim would