HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2222 OF 2011 JUDGMENT: The appeal is filed by the appellants/petitioners against the order in O.P.No.180 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge (Fast Track Court), Nizamabad, questioning the quantum of compensation. 2. The petitioners are said to be the children of the deceased Kangari Sayavva, who died in a motor accident. According to the case of the petitioners, while the said Sayavva was travelling in a jeep bearing No.MFQT 1991 on 22.02.1999, the lorry bearing No.AP 11 U 1399 came in a rash and negligent manner driven by its driver and dashed against the jeep from its behind, as a result of which, the said Sayavva died on the spot along with others. The deceased was aged about 50 years and she was doing agriculture and labour work and was earning Rs.5,000/- per month. She was contributing the same to the family. The 1st respondent is owner of the vehicle and the 2nd respondent is Insurance Company. The 1st respondent remained ex parte. The 2nd respondent filed a counter denying the averments made in the petition, and putting the petitioners to strict proof of rashness and negligence on the part of the driver of the vehicle and cause of death of the deceased. After considering the evidence on record, the lower Tribunal found that the deceased died in the motor accident as claimed by the petitioners. But, however, determined the compensation at Rs.70,000/- by considering the earning capacity of the deceased at Rs.12,000/- per year. 3. Evidently, all the petitioners are majors and the deceased is mother of the petitioners. It is difficult to believe that the petitioners are dependants on the income of the deceased when they themselves are the majors. The only claim that can be considered is about loss of love and affection of the petitioners consequent on the death of the deceased. Therefore, taking into consideration the above circumstances, I feel the ends of justice would meet if a compensation of Rs.1,00,000/- is granted instead of Rs.70,000/- as granted by the lower Tribunal. Accordingly, the Appeal is allowed. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:22.09.2011 INL