HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2177 OF 2011 JUDGMENT: The appeal is filed by the appellant/petitioner against the order in M.V.O.P.No.480 of 2000 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, East Godavari, Kakinada, where-under consequent on the death of the deceased brother of the claimant in a motor accident on 28.04.1994, a compensation of Rs.1,00,000/- was claimed and a compensation of Rs.56,416/- was granted. 2. The deceased B.Veera Venkata Srinivas was said to be a minor boy. On 28.04.1994 when he was going to purchase Kirana material at Samalkot, the lorry bearing No.AP 5T 1949 driven by its driver i.e., 1st respondent, in a rash and negligent manner and dashed against the boy, as a result of which, the boy died instantaneously. The lower Tribunal after considering the evidence on record and also the material came to the conclusion that the cause of death as pleaded by the petitioner is true and determining the earning capacity of the deceased granted a compensation of Rs.56,416/-. 3. Evidently, the claimant is the elder brother of the deceased and it cannot be said that the petitioner is a dependant on the earnings of the deceased. Therefore, determination of the income and applying the multiplier is not warranted in this case. However, the fact remains that the parents of the deceased and claimant have pre-deceased and the appellant was taking care of the deceased and also spending money for bringing him up and therefore, he might have suffered loss of love and affection consequent on the death of the deceased and taking into consideration the circumstances, I feel the ends of justice would meet if a compensation of Rs.75,000/- is granted. 4. Accordingly, the appeal is allowed and the award of the lower Tribunal is modified. The claimant is found entitled to a sum of Rs.75,000/-. The enhanced amount shall carry interest at 7.5% per annum from the date of order till the realisation. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:21.09.2011 INL