THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1758 of 2011 JUDGMENT: The appellants are the petitioners in O.P.No.684 of 1999 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Nalgonda. The application was filed for compensation of Rs.1,20,000/- consequent on the death of the deceased Krishna, aged about 16 years. According to the case of the petitioners, on 16.07.1999 when the deceased was returning from Avanthipuram temple on the cycle, the lorry bearing No.AEK 6496, which was driven in a rash and negligent manner, dashed against the deceased, as a result of which he died. The 1st respondent remained ex parte and the Insurance Company filed a counter putting the petitioner to strict proof of the rashness and negligence and the cause of death of the deceased and earning capacity of the deceased and also the dependency. On behalf of the petitioners, P.Ws. 1 and 2 were examined and marked Exs.A-1 to A-6. After considering the evidence on record, the lower Tribunal found that the incident was due to the fault of the driver of the lorry. But, however, the lower Tribunal found that as the parents of the deceased died and the brother-3rd respondent came on record as a legal representative of the parents, who was a major, a sum of Rs.50,000/- was granted, which is the amount of compensation under the ‘no fault liability’. Evidently, the Court has to take into consideration the amount of compensation as on the date of the application and not the subsequent events about the death of the parents of the deceased. Therefore, in view of the above circumstances, granting of compensation only under no fault liability, appears to be not proper. Therefore, taking into consideration, the above facts, I feel the ends of justice would meet if the claim is modified to Rs.75,000/- (Rupees seventy five thousand only) since the brother is also a major and the parents have died and it might have caused agony and worry to the petitioner. With the above modification, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 09-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 1758 of 2011 DATE: 09-08-2011 MR