Hon’ble Dr. Kaushal Jayendra Thaker, J.—I have heard Sri S.K. Kakkar, learned counsel for the appellant. This is an appeal of the year 1994. The appeal was admitted in the year 1994 but the Court has not issued notice for a period of about 23 years and hence the same is taken up under Order 41 Rule 11 C.P.C. though it is an admitted appeal.

2. As per the judgment of the Apex Court in U.P.S.R.T.C. v. Km Mamta and others, AIR 2016 SCC 948, all the grounds raised in the appeal are required to be adjudicated and that is how I would go ahead with the discussion.

3. The Insurance Company has felt aggrieved by the judgment and decree passed in favour of the claimants allowing the claim petition to the tune of Rs. 3,13,000/- with interest at the rate of 12%. The driver driving vehcile of vehicle insured by appellant, has been held to have contributed 80% negligent in the accident having taken place and held liable to pay Rs. 2,30,400/- with interest.

4. The factual data is that on 19.8.1991 at about 2.15 p.m. an accident occurred between truck bearing No. UTS 841 and buses bearing No. UP-72/9614 and UP-72/9685. The claimant is the widow of the deceased Bhuvnesh Kumar and she repres