ESWARAIAH, J. ( 1 ) THE claimants filed this civil miscellaneous appeal against the order and decree dated 6. 7. 1994 in O. P. No. 286 of 1993 on the file of the Motor accidents Claims Tribunal-cum-II additional District Judge, Kurnool. The appellant No. 1 is the mother and the appellant no. 2 is the brother of the deceased vykunta Narayana. ( 2 ) THE appellants filed the petition before the Tribunal below stating that the deceased Vykunta Narayana died in the lorry accident on 31. 3. 1993 at about 2. 30 p. m. on R. Konthalapadu-Sunkesula Road while he was going on his cycle, due to rash and negligent driving of the driver of the lorry bearing No. AIH 5797 belonging to the respondent No. 1 and insured with the respondent No. 2 herein. ( 3 ) THE Tribunal below after considering the oral and documentary evidence on record held that the appellants-claimants have failed to establish that the accident occurred due to rash and negligent driving of the lorry bearing No. AIH 5797 by its driver and, therefore, awarded only an amount of Rs. 25,000 towards compensa tion under no fault liability . The Tribunal below further held that the appellant No. 1 claimant who is the mother of the deceased is alone entitled for the said compensation amount and that the appellant-claimant no. 2 who is neither class-I legal heir nor dependent upon the deceased is not entitled for any compensation. ( 4 ) IN support of the claim of the appellants, the appellant-claimant No. 1 was examined as PW 1 and one K. Veeranna, who is an eyewitness to the accident was examined as PW 2 and marked Exhs. A-l to A-5. The appellant-claimant No. 1, PW 1, has stated in her evidence that her deceased son was aged about 20 years and he was about to marry and he was working as a carpenter and was earning Rs. 100 per day. They have got Ac. 0. 50 cents of land and getting the yield of Rs. 5,000 per year from the said land. Exh. A-l is the certified copy of F. I. R. in Cr. No. 9 of 1993 of gudur Police Station. Exh. A-2 is the certified copy of inquest report. Exh. A-3 is the certified copy of post-mortem certificate. Exh. A-4 is the certified copy of motor Vehicle Inspector s report and Exh. 5,000 per year from the said land. Exh. A-l is the certified copy of F. I. R. in Cr. No. 9 of 1993 of gudur Police Station. Exh. A-2 is the certified copy of inquest report. Exh. A-3 is the certified copy of post-mortem certificate. Exh. A-4 is the certified copy of motor Vehicle Inspector s report and Exh. A-5 is the certified copy of charge-sheet. She was also cross-examined, in which she has stated that the deceased was giving Rs. 100 per day for family expenses. PW 2, namely, K. Veeranna, who is an eyewitness to the accident has stated in his evidence that on the day of the accident at about 2 p. m. himself and the deceased were going to the fields on the cycle of the deceased and when they reached near Sun-kesula dam, the lorry came from behind with high speed and went ahead of the cycle and stopped and again came back to take a turn and in the process, dashed against the deceased, who was sitting on the carrier of the cycle and that the deceased fell underneath the lorry and sustained injuries on the chest and other parts of the body and that PW 2 brought the deceased to the Government General hospital, Kurnool, in another lorry. At the time of the accident, the lorry was loaded with sand. PW 2 was also cross-examined in which he has stated that the lorry driver took the turn with speed. Exh. A-1, F. I. R. , discloses that the deceased Vykunta Nara-yana died in lorry accident that occurred on 31. 3. 1993. No doubt, the said F. I. R. does not clearly disclose the entire manner in which the accident took place. But Exh. A-2 the inquest report clearly discloses that while the deceased was going from R. Konthalapadu village to Sunkesula side towards his groundnut field on a cycle at about 2. 30 p. m. , one lorry bearing No. AIH 5797 came in a high speed rashly and negligently and hit the cyclist and in that accident the deceased-cyclist died. Exh. A-5 charge-sheet reads as follows: "on 31. 3. 1993 one Kammari Veeranna and Vykunta Narayana (deceased) left r. Konthalapadu village at about 2 p. m. on a cycle in order to go to Rajoli. Exh. A-5 charge-sheet reads as follows: "on 31. 3. 1993 one Kammari Veeranna and Vykunta Narayana (deceased) left r. Konthalapadu village at about 2 p. m. on a cycle in order to go to Rajoli. K. Veeranna was peddling the cycle while vykunta Narayana (deceased) was sitting on the back side carrier of cycle. At about 2. 20 p. m. they were proceeding on the cycle on the left side of the road and when they reached towards dam site road, the lorry AIH 5797 driven by its driver came at a high speed went ahead by overtaking the cycle and suddenly stopped and came in the reverse direction in order to go to left side road to unload the sand and dashed against the cycle which was going on the side of the road. As a result, the pillion rider of cycle received multiple injuries on his person, while Veeranna escaped unhurt. The injured Vykunta Narayana was taken to the Government Headquarters hospital, Kurnool for treatment by the said Veeranna, where he succumbed to the injuries while undergoing the treatment. " this is the evidence available on record. But the Tribunal below without any justification came to a conclusion that the appellants-claimants have failed to prove that the accident occurred due to rash and negligent driving of the lorry by its driver. It is not known what more evidence the tribunal below requires when the respondents have failed to adduce any contra evidence. I, therefore, hold that the deceased Vykunta Narayana died due to the fault of the driver of the lorry bearing the no. AIH 5797 on 31. 3. 1993 at 2. 30 p. m. near Sunkesula village as alleged by the appellants-claimants. ( 5 ) WITH regard to the quantum of compensation, the appellant-claimant No. 1 has stated in her evidence that the deceased was earning Rs. 100 per day. But the said evidence is not supported by any documentary evidence. Therefore, I feel it just and proper to fix the income of the deceased at Rs. 450 per month and if 1/3rd is deducted towards personal expenses, the contribution to the family will be at rs. 300 per month and per annum it comes to Rs. 3,600. The deceased was aged 20 years and the multiplier applicable in this case is 17 . Thus the loss of dependency will be Rs. 61,200 (Rs. 450 per month and if 1/3rd is deducted towards personal expenses, the contribution to the family will be at rs. 300 per month and per annum it comes to Rs. 3,600. The deceased was aged 20 years and the multiplier applicable in this case is 17 . Thus the loss of dependency will be Rs. 61,200 (Rs. 3,600 x 17 ). Fur- ther, I award an amount of Rs. 2,000 towards funeral expenses and Rs. 2,500 towards loss to the estate. Thus, the total compensation comes to Rs. 65,700. The appellant No. 1 who is the mother of the deceased is alone entitled to Rs. 65,700 towards compensation. The appellant No. 2 who is the brother of the deceased is not a legal heir and, therefore, he is not entitled for any compensation. ( 6 ) IN the result, the appeal is allowed and the order of the Claims Tribunal is modified awarding Rs. 65,700 to the appel- lant No. 1 towards compensation payable by the respondent Nos. 1 and 2 jointly and severally with interest at 12 per cent per annum from the date of petition till the date of payment. No costs. Appeal allowed.