JUDGMENT :

G. Sri Devi, J.

1. Being not satisfied with the quantum of compensation granted in the award and decree, dated 01.12.2014 passed in M.V.O.P. No.855 of 2011 on the file of the Motor Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Court, Hyderabad (for short "the Tribunal"), the appellants/petitioners preferred the present appeal seeking enhancement of the compensation.

2. For the sake of convenience, the parties will be hereinafter referred to as arrayed before the Tribunal.

3. Brief facts of the case are that the petitioners, who are the wife, son and parents of one Dr.V.Venkat Kumar (hereinafter referred to as "the deceased") filed a petition under Sections 166 of the MOTOR VEHICLES ACT , 1988 claiming compensation of Rs. 2,00,00,000/- for the death of the deceased, who died in a motor vehicle accident. It is stated that on 23.08.2010 while the deceased was proceeding on his motor cycle bearing No.AP 24 AA 3650 from Paradise side towards Bowenpally side and when he reached Balam Raj Cross Roads near Check Post, one bus bearing No.AP 09 W 5099, being driven by its driver in a rash and negligent manner at high speed and dashed the motor cycle of the deceased, due to which the deceased fell down and died on the spot. On a complaint, the Police, Bowenpally, registered a case in Crime No. 352 of 2010 against the driver of the bus. As the accident occurred due to rash and negligent driving of the driver of the bus, the petitioners filed the claim-petition against the respondents 1 and 2, being the owner and insurer of the said bus.

4. Before the Tribunal, the 1st respondent remained ex parte. The 2nd respondent filed counter denying the averments made in the claim-petition including the age, avocation and earnings of the deceased. It is specifically contended that the accident occurred only due to the negligence of the deceased and that there was no negligence on the part of the driver of the bus. It is also stated that the compensation claimed is excessive and prayed to dismiss the claim-petition.

5. Basing on the above pleadings, the Tribunal framed the following issues:-

1. Whether the pleaded accident dated 23.08.2010 has occurred due to rash and negligent driving of the driver of crime vehicle i.e., private bus bearing No.AP 09 W 5099 and whether the deceased Dr.V. Venkat Kumar died due to the said accident?

2. Whether the petitioners are entitled for compensation and, if so, to what quantum and whether crime vehicle was owned by first respondent and insured with second respondent and what is the liability of the respondents?

3. To what relief?

6. On behalf of the claimants, P.Ws.1 to 6 were examined and Exs.A1 to A18 were marked. On behalf of the respondents, R.W.1 was examined and Ex.B1-policy copy was marked.

7. After considering the oral and documentary evidence available on record, the Tribunal held that the accident was occurred due to the rash and negligent driving of the driver of the bus and accordingly awarded an amount of Rs. 60,00,000/- with interest @ 7.5% per annum from the date of petition till the date of realization to be paid by the respondents 1 and 2 jointly and severally. Challenging the same, the present appeal came to be filed by the petitioners seeking enhancement.

8. Heard and perused the record.

9. Learned Counsel for the appellants/petitioners would submit that though there is ample evidence adduced by the petitioners that the deceased was having multifold income, the Tribunal erred in fixing the income of the deceased at Rs. 40,000/- per month only basing on Ex.A14. It is also submitted that as per the principles laid down by the Apex Court in National Insurance Company Limi