JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this appeal is to the award dated 25th July, 2009, made by the Motor Accidents Claims Tribunal (1), Kangra at Dharamshala (hereinafter referred to as “the Tribunal”) in M.A.C. Petition No. 57-D/II-2007, titled Kanta Devi & another versus Belwinder Kumar Sharma & another, whereby compensation to the tune of Rs.4,38,000/- with interest @ 9% per annum from the date of filing of the claim petition till its realization was awarded in favour of the claimants-respondents No. 1 & 2 herein and the insurer-appellant herein, was saddled with liability (for short, “the impugned award”). 2. The claimants, insured-owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them. 3. The insurer has questioned the impugned award on the ground of adequacy of compensation. 4. It is a moot question-whether this appeal is maintainable? However, I leave this question open. 5. The Tribunal has fallen in an error in deducting 1/3rd of the income of the deceased towards his personal expenses. 50% of the income of the deceased was to be deducted, as per the ratio laid down by the Apex Court in Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 read with Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120. 6. Accordingly, it is held that the claimants have lost source of dependency to the tune of Rs. 1500/- per month and are held entitled to compensation to the tune of Rs. 1500 x 12 = Rs.18,000 x 17= Rs.3,06,000/- under the head ‘loss of dependency’. 7. The Tribunal has awarded Rs. 20,000/- under the head ‘loss of expectancy of love and affection’ and Rs. 10,000/- under the head ‘funeral & conveyance’, is upheld. 8. Viewed thus, a sum of Rs.3,06,000 + Rs.20,000/- + Rs. 10,000/- = Rs.3,36,000/- is awarded in favour of the claimants, with interest as awarded by the Tribunal, from the date of filing of the claim petition. 9. Accordingly, the impugned award is modified, as indicated above. The appeal is accordingly disposed of. 10. The excess amount be refunded to the insurer through payees’ cheque account. The Registry is directed to release the compensation amount in favour of the claimants, strictly in terms of the impugned award. 11. 9. Accordingly, the impugned award is modified, as indicated above. The appeal is accordingly disposed of. 10. The excess amount be refunded to the insurer through payees’ cheque account. The Registry is directed to release the compensation amount in favour of the claimants, strictly in terms of the impugned award. 11. Send down the records after placing a copy of the judgment on the Tribunal's file.