THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.1281 OF 2002 AND CROSS OBJECTIONS (SR) No.67147 OF 2002 ORAL JUDGMENT: This Civil Miscellaneous Appeal is filed against the judgment dated 15-10-1999 in O.P.No.549 of 1995 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Ranga Reddy District, Saroornagar ( for short “the Tribunal”). 2. The appellants are claimants before the Tribunal who filed O.P claiming compensation that they are brothers of the deceased- Kum.T.Gayatri. As per the appellants, on 17-04-1995 at about 2.30 A.M, the father of the appellants was travelling in a Car bearing No.ADU 4476 from Bellary to Hyderabad along with other family members and while so a lorry bearing No.AAQ 9599 driven by its driver- 1st respondent coming in the opposite direction and hit the car, due to which, all persons i.e., 10 inmates in the car died on the spot. The deceased Kum.G.Gayathri was a B.A Graduate and was writing M.A (Telugu) Literature examinations. She was earning Rs.1000/- per month by way of tuitions and therefore, compensation of Rs.1,81,000/- was claimed. 3. On the basis of the material on record, the Tribunal granted compensation of Rs.50,000/-. 4. Since the present appeal is filed by the claimants, the Insurance Company- 6th respondent filed counter and cross-objections questioning the order of compensation. 5. Heard. 6. The contention of the learned counsel for the appellants is that as the deceased was earning Rs.1000/- per month, the appellants are entitled to the compensation claimed by them. 7. On the other hand, the contention of the learned counsel for the Insurance Company is that as the appellants are the brothers of the deceased, they cannot be held to be dependents of the deceased and as such they are not entitled to the compensation, except under the head “ loss of estate”. 8. The amount awarded is a paltry sum. The deceased was a graduate at the time of accident. This is a pathetic case, where all family members died in a motor vehicle accident. There is no need for interference and not even a case for enhancement, as the appellants were awarded compensation for the death of a sister on whom they were not depending. 9. Considering the above circumstances, both the Appeal as well as the Cross Objections are liable to be dismissed. 10. Accordingly, the C.M.A and Cross Objections are dismissed. However, the rate of interest awarded by the Tribunal i.e., 12% per annum is reduced to 7.5% per annum. ___________________ P. SWAROOP REDDY, J 5TH July, 2010 TSNR