JUDGMENT :

Rajnish Kumar, J.

1. Heard, Shri Ambika Prasad, learned counsel for the appellant and Shri Yashovardhan Swarup Assisted by Ms. Bhavya Upadhyay, learned counsel for the respondent.

2. This first appeal from order under Section 173 of the Motor Vehicles Act, 1988 (here-in-after referred as the Act of 1988) has been filed for setting aside the judgment and award dated 29.10.2015 passed in Motor Accident Claim Petition No.150 of 2012 ; Bhawani Prasad Manjhi and Another Vs. U.P. State Road Transport Corporation , by means of which the claim petition has been partly allowed and an amount of Rs.35,42,823/- has been awarded alongwith simple interest at the rate of 7% from the date of filing of the claim petition.

3. The claim petition was filed alleging therein that the daughter of the claimant-respondent Dr. Tandra Manjhi was traveling on 18.05.2011 by Bus No.U.P.-30A-8092 of Hardoi Depot of the appellant U.P.S.R.T.C. She was a bona fide passenger of the bus from Anand Vihar Bus Terminal, Delhi to Lucknow. The bus was being driven by its driver Valeel Ahamad at a high speed and in negligent manner. When it reached about 8 km. ahead of Sandila on Kachauna- Sandila road within P.S.