- (1.) Heard Sri M.M. Sahai, learned counsel for the appellant, learned Standing Counsel and perused the record.
(2.) By means of the instant appeal the appellant has challenged the judgement and order dated 05.07.2011 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Saharanpur (herein after referred to as the Tribunal) in M.A.C.P. No. 174 of 2010.
(3.) For the purposes of the appeal, facts in brief may be stated thus; that on 16.06.2010 at 10.30 A.M. one Smt Salma, while on the way on foot, to village Fatehpur Bhado, Saharanpur, in front of the shop of one Manoj, she was dashed from behind, by rashly and negligently driven Bus No. U.K. 07/ P A 320 owned by Uttrakhand State Road Transport Corporation due to which Smt. Salma succumbed to the injuries on the spot. Her husband and daughter namely; Abdul Qayyum and Km Arzu aged about one month (at the relevant time) the claimants, herein respondent nos. 1 & 2, filed application in the Tribunal under section 166 and 140 of the Motor Vehicle Act, 1980 (in short the Act) against the Uttrakhand State Road Corporation, herein the appellant, and The Oriental Insurance Company Ltd., Dehradun claiming Rs. 21,30,000/- as compensation and Rs. 50,000/- as interim relief in respect of the death of Smt. Salma and on the amount so awarded, an interest @ 12% from the date of filing the application. It was stated by the claimants, that the dead Smt. Salma was a hale and hearty young lady of 22 years, who had the expertise in domestic work including knitting and weaving work and she was the only bread earner for her husband and the only child. At the time of her untimely death she was earning six to seven thousand rupees per month from her domestic work including knitting and weaving, which was beneficial for her husband and the only child, Arzu. Due to the sudden demise of Smt. Salma, her business was abandoned and there is no one to look after the entire family which caused heavy mental and economic loss to the family.;