JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri Sunil Kumar Misra, learned counsel for appellant and Sri Rajneesh Tripathi, learned counsel for the claimants. None has appeared for co-respondent.

2. By way of this appeal, the UPSRTC has felt aggrieved by the judgment and decree dated 20.8.2001 passed by the Motor Accident Claims Tribunal/ XI Additional District Judge, Bulandshahar whereby the respondent-claimants No. 1 to 3 had preferred M.A.C.T. Case No. 95 of 1999 claiming compensation for the death of sole breadwinner. The parties are referred as claimants-and appellants-UPSRTC. The tribunal granted a sum of Rs. 24,85,012/- with interest at the rate of 9%.

3. At the outset in view of the Judgment of Apex Court in UPSRTC vs. Km. Mamta and Others, AIR 2016 SC 948, all the issues which are raised before the appellate court must be decided.

4. The facts as they unfurl from the judgment and record appears that the claimants had preferred the claim petition for damages but inadvertently in caption mentioned petition under Section 163A of the Motor Vehicles Act, 1988 as was mentione