(1.) By this First Appeal filed under section 173 of the Motor Vehicles Act, 1988, the appellant (original claimant) has impugned the judgment and award dated 5th April, 2004 partly rejecting the claims made by the appellant. Some of the relevant facts for the purpose of deciding this First Appeal are as under :-
(2.) The appellant is the daughter of deceased Milind Dinkar Kulkarni. It was the case of the appellant that on 19th March 1995 about 11.00 a.m. she with her father late Milind and mother Nutan left Kolhapur for going towards Pune by a car bearing registration No.MH-09-P- 1265. The said car was being driven by her father Milind Dinkar Kulkarni who owned the said car. He was driving the said car by left side of the road at a moderate speed by observing rules and regulations of traffic on the road. When the said car reached near the spot of accident, one tanker bearing registration No.09-A-6565 came by opposite side in very fast speed. The driver of the said tanker was driving the said tanker in rash and negligent manner without observing the rules and regulations of the traffic on the road. He could not control the said tanker and by coming to the wrong side of the road, he dashed the said car driven by Milind Dinkar Kulkarni. The said Milind Dinkar Kulkarni (hereinafter referred to as "the said deceased") and the appellant were seriously injured. The driver of the offending vehicle was charge-sheeted by the concerned police station.
(3.) The appellant was 8 years old and was a student at the time of her accident. The appellant along with her father Milind were firstly taken to Krishna Hospital, Karad and they were admitted in the said hospital for treatment. Her father died due to the injuries sustained by him in the said motor accident. The appellant was subsequently shifted to Ruby Hall Clinic, Pune and was operated and treated at the said clinic as indoor patient from 20th March 1995 to 25th April 1995 by the Specialist Doctors.