THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.3230 OF 2002 JUDGMENT: This civil miscellaneous appeal is filed against the judgment and decree passed by the Motor Accidents Claims Tribunal – cum - I Additional District Judge, Guntur, in O.P.No.327 of 1995. The petitioners-claimants are the appellants. 2. Heard. 3. The brief facts are as follows: The petitioners-claimants are the parents of the deceased Bhyrapaneni Gopaiah @ Gopi, aged 30 years, who died in a motor vehicle accident on intervening night of 25/26.12.1994 at about 1.00 a.m., while he was waiting for his friends by sitting on his motorbike bearing No.AP 9B 279, suddenly the lorry bearing No.ADG 2031 came in a rash and negligent manner and hit the deceased, resulting the instantaneous death of the deceased. They claimed compensation of Rs.1.00 lakh. First and second respondents filed written statements separately denying the allegations of the petition. On the basis of the above pleadings, the following issues were framed: 1. Whether the accident took place due to rash and negligent driving of the driver of the lorry No.ADG 2031? 2. What compensation each of the petitioner is entitled and from whom? 3. To what relief? 4. On behalf of the claimants, P.Ws.1 and 2 were examined and Exs.A1 to A6 were marked. On behalf of the respondents, Ex.B1 copy of policy was marked. On the basis of the material on record, the tribunal granted compensation of Rs.50,000/- fixing the income of the deceased at Rs.1500/- per annum. Aggrieved by the above quantum, the claimants preferred the present appeal. 5. Now, the point for consideration is Whether there are any grounds for allowing the appeal? 6. As the insurance company has not filed any appeal, there cannot be any dispute with regard to the liability of the insurance company and also the other respondent. The only question is with regard to the quantum. It is a case of death of unmarried 30 years old person, about whose income there is no evidence. As the deceased was unmarried, the age of his mother has to be taken into consideration. Perhaps for that reason, her age is shown as 48 years, whereas, the age of the father of the deceased is shown as 82 years. The mother obviously must be in the same range of 60 or 70 years. Still considering the fact that the deceased was said to be a contractor and he was obviously owning a motorbike on which he was sitting at the time of accident, it can be accepted that he was having some reasonable income and total compensation of Rs.80,000/- can be awarded. Thus, I hold that the petitioners-appellants are entitled for compensation of Rs.80,000/-. Accordingly, the C.M.A. is partly allowed enhancing the compensation from Rs.50,000/- to Rs.80,000/-. However, the rate of interest on the enhanced amount of compensation shall be at 6% per annum through out. No order as to costs. ______________________ P. SWAROOP REDDY, J. 30th September 2010, Rns