K. C. Agarwal, S. M. A. Raza, JJ. - (1.) This is an appeal under section 110-D of the Motor Vehicles Act against the judgment of the Motor Accidents Claims Tribunal, Almora, dated March 6, 1979.
(2.) On January 22, 1975, at about 9.30 p. m. at a place between 9 and 10 kilometers from Pithoragarh, Ganesh Chand, the husband of the appellant Smt. Sone Devi, while travelling in the bus No. USR 2378 was killed, as a result of rash and negligent driving of the same by Dawan Singh, its driver. In that accident thirty passengers had died. The appellant claimed Rs. 3,13,000 as compensation on the ground that the deceased was forty years of age and was likely to live for forty more years and, therefore, the appellant was deprived of the financial help, which she would have been getting from her husband out of the income. The appellants case was that the deceased having the income of rupees sixty-five as pension and was also earning by the business, which he was carrying on.
(3.) The claim was contested by the Uttar Pradesh State Road Transport Corporation.;