REKHA JAIN Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Leave is granted by this Court vide order dated 02.07.2013 after condoning the delay in filing the special leave petitions.

(2.) These appeals are directed against the judgment, award and orders dated 24.2.2011 passed in MACA No. 580 of 2007, MACA No. 846 of 2007 and dated 10/03/2011 in MC No. 386 of 2011 in MACA No. 580 of 2007 of the High Court of Orissa at Cuttack allowing the appeal of the Insurance Company and dismissing the appeal of the appellant by which she has prayed to set aside the impugned judgment, award and order and has further prayed for enhancement of compensation by award of just and reasonable compensation allowing the appeals urging various facts and legal contentions.

(3.) The necessary brief facts for the purpose of appreciating the rival factual and legal contentions urged in these appeals are stated as under: On 17.08.2001 the appellant was driving a Maruti Car bearing Regn. No. OR 15 D-9005 by which she was going along with her mother Grace Jain from Sambalpur towards Cuttack when the accident occurred. A truck bearing Regn. No. MP 23 D-0096 coming from the opposite direction from Cuttack towards Sambalpur hit the car which resulted in the instantaneous death of the mother of the appellant and the appellant received grievous injuries to her body. She was admitted to the VSS Medical College Hospital, Burla, Sambalpur and subsequently, she had undergone treatment at different Nursing Homes both at Cuttack and in the State of Kerala.