THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1828 of 2011 JUDGMENT: The present appeal is filed against the order dated 11.12.2003 in O.P.No.89 of 1999 on the file of the Motor Accident Claims Tribunal- cum-District Judge, Anantapur, disputing the grant of compensation of Rs.1,37,000/- to the claimants consequent on the death of their brother B.Nagaraju in a motor accident. The learned counsel for the appellant does not seriously dispute about the cause of death of the deceased or the nature of the incident and also the liability of the Insurance Company. According to him, the claimants 1 and 2 are male earning members and majors, whereas the 3rd claimant is a lady. It is also submitted by him that in the same motor accident mother and father have died and claiming dependency on them. The claimants have filed separate claim petitions in O.P.No.118 of 1999 for the death of the mother and O.P.No.117 of 1999 for the death of the father. Both the applications were allowed granting compensation on the basis of dependency and there was no appeal against them. Therefore, in view of the above circumstances, according to him, further claiming in this petition that they are also dependents on the unmarried deceased B.Nagaraju cannot be accepted and the determination of the compensation by the lower Tribunal taking into consideration of his earning capacity and arriving at the compensation of Rs.1,37,000/- is not legal. Evidently, the deceased was only the brother of the claimants. The petitioners 1 and 2 are majors by themselves and they have got their earning capacity. The 3rd claimant is a sister of the deceased and if she has lost dependency she was given compensation for the death of her father and mother. Therefore, in view of the above circumstances, the order of the lower Tribunal granting the compensation, determining the dependency of the claimants on the unmarried deceased is not proper and the only thing that can be considered is loss of love and affection and taking into consideration in the appeal, the ends of justice would meet if Rs.50,000/- is granted as minimum compensation, that has to be granted in case of no fault liability. Accordingly, the order of the lower Tribunal is modified and the petition is allowed granting a compensation of Rs.50,000/- (Rupees fifty thousand only) to be shared equally by all the claimants. The claimants are entitled for the interest at 7.5% per annum on the above compensation amount from the date of petition instead of 9% per annum as granted by the lower Tribunal. With the above modification, the appeal is partly allowed. Each party to bear their own costs. ________________________ N.R.L.NAGESWARA RAO, J 28-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 1828 of 2011 DATE: 28-07-2011 MR