JUDGMENT

Abhay Manohar Sapre, J.

1) C.A. No. 3862 of 2013 is filed by the Oriental Insurance Company Ltd.(for short, “the Insurance Company”) and C.A. Nos. 3863-3864 of 2013 are filed by the claimants. These appeals are filed against the common final judgment and order dated 21.09.2012 of the High Court of Orissa at Cuttack in M.A.C.A. No.1 of 2012 and M.A.C.A. No. 62 of 2012 whereby the High Court partly allowed M.A.C.A. No.1 of 2012 filed by the Insurance Company and, in consequence, dismissed M.A.C.A. No.62 of 2012 filed by the claimants.

2) In order to appreciate the issue involved in these appeals, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.

3) On 16.12.2006, one Mathurananda Nayak, a resident of U.S.A., and his mother Jita Nayak along with two others while coming from Cuttack side towards Aredi on NH No. 5 by a car bearing Registration No. OR-02-S-0565, collided with a truck bearing Registration No. OR-09-E-6357 driven by its driver which was coming from Paniloili side. As a result of the said accident, Mathurananda Nayak, Jita Nayak along with driver of the car sustained injuries and later succumbed to the injuries on the same d