JUDGMENT :

SANJAY KAROL, J.

Leave Granted.

2. This appeal questions the correctness of the final judgment and order dated 24th April, 2023, passed in MACA No.1168 of 2016 by the High Court of Orissa at Cuttack. The impugned judgment was in turn rendered in an appeal arising out of judgment dated 22nd August, 2016, passed by the Third Motor Accident Claims Tribunal, Jagatsinghpur in MAC No.301/2010.

3. The background facts leading to the present appeal are : –

3.1 The claimant-appellant is the wife of the deceased, namely, Bichitra Nayak @ Bagula. The other claimant-appellants are the mother and two sons of the deceased. The deceased was employed as a ‘Khalasi’ in an ambulance bearing registration No.OR-04-J-5604. On 4th June, 2010, while the ambulance was on its way from Chandikhol to Paradeep, it collided with the back of a truck bearing registration No.OR-13-4727. The driver of the vehicle, namely, Prakash Palei sustained grievous injuries and the husband of the claimant-appellant, died on the spot.

3.2 At the time of death, the deceased an employee of ESSAR Steel Orissa Limited, aged 44 years, was earning Rs.5,000/- per month. The Tribunal noted that after the accident, the owner of t