V. Gopala Gowda, J. - (1.) LEAVE granted by this Court vide order dated 02.07.2013 after condoning the delay in filing the special leave petitions.
(2.) THESE appeals are filed by the claimants namely Rekha Jain and T.A. Sebastian. They have questioned the correctness of the judgment and award and order dated 24.2.2011 passed by the High Court of Orissa, Cuttack in MACA No. 579 of 2007 and order dated 10/03/2011 in MC No. 385 of 2011 in MACA No. 579 of 2007 in the aforesaid appeal and final order dated 24.11.2011 in M.A.C.A. No. 844 of 2007 urging rival facts and legal contentions. The daughter and the husband of the deceased have filed these appeals seeking just and reasonable compensation on account of the death of the deceased in a motor vehicle accident, which took place on 17.08.2001. The deceased was traveling alongwith her daughter, the first Appellant in her Maruti Car bearing Regn. No. OR 15 D -9005. The accident took place on account of rash and negligent driving of the offending truck bearing Regn. No. MP 23 D -0096. The deceased Dr. Grace Jain died on the spot, as she had sustained grievous injuries on account of the said accident. It is stated by the Appellants that the deceased was a renowned doctor serving as a lecturer in Odisha College of Homeopathy and Research, Sambalpur and had private practice as well.
(3.) IT is stated in the claim petition and in the evidence that the salary of the deceased was Rs. 12,000/ - per month. The Appellants herein filed claim petition i.e. Misc.(A) Case No. 118 of 2002 claiming compensation of Rs. 27,00,000/ - before the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur (hereinafter referred to as 'the Tribunal').;