JUDGMENT

Navin Chawla, J. (Oral)

1. The appellant challenges the Award dated 03.10.2019 (hereinafter referred to as `Impugned Award') passed by the learned Motor Accidents Claims Tribunal, South District, Saket Courts, New Delhi (hereinafter referred to as the `Tribunal) in the Petition no.153/2018, titled Birjpal Singh & Ors. v. Aman & Ors..

2. The appellant challenges the Impugned Award on the ground that though the respondent no.1 herein, the husband of the deceased- Late Smt. Saroj, was himself an earning member of the family, the learned Tribunal, while assessing the loss of dependency has taken him as a dependent on the deceased, and based thereon, has deducted only 1/4th of the income of the deceased towards personal and living expenses.

3. The learned counsel for the appellant, placing reliance on the judgment of the Supreme Court in Sarla Verma (Smt.) & Ors v. Delhi Transport Corporation & Anr., (2009)6 SCC 121, submits that as the respondent no.1 himself was an earning member of the family, he cannot be considered to be financially dependent on the deceased and, therefore, there being only three claimants dependent on the deceased, 1/3rd of her income should have been d