Advocates:
['SHRI A M KULKARNI', '', 'SHRI A M KULKARNI', 'SHRI S G DESHPANDE', '', 'R NO SERVED', 'A S VIDYARTHI']

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vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO.1243 OF 2004

1.

Smt. Nutan Milind Kulkarni

after remarriage Sou.Nutan Patwardhan, Age 40

years, Occupation : Household, R/o N-471

Jarapur Towers, Off.Link Road, Lokhandwala,

Andheri (W) Mumbai.

2.

Ketaki Milind Kulkarni,

Age: 17 yrs., Occ: Education, being minor,

through her natural guardian, mother, Appellant

No.1, Smt. Nutan Milind Kulkarni, after

remarriage Sou. Nutan Patwardhan, Age: 40 yrs.,

Occ: Household, R/o.N471-Jarapur Towers, Off.

Link Road, Lokhandawala, Andheri(W), Mumbai.

3.

Shri Dinkar Vinayak Kulkarni,

Age: 82 yrs., Occ: Nil (since deceased

through Legal Heirs)

3A.

Devadutt Dinkar Kulkarni

Age:- 57 years, Occu:- Service

R/at:- At Present U.S.A.

3B.

Sandip Dinkar Kulkarni

Age:- 49 years, Occu:- Service

R/at:- 66 Pratibha Nagar,

Kolhapur.

4.

Mrs. Shobhana Dinkar

Kulkarni, Age: 71 yrs., Occ: Nil,

both Nos. 3 & 4 r/o. 66, Pratibha Nagar,

Kolhapur, Dist. Kolhapur.

..Appellants

….Versus….

1.

Bajirao Dnyandeo Patil

Age adult, Occu : Business,

R/o Shiroli Dhumala, Tal. Karveer, District

Kolhapur.

2.

The Oriental Insurance Co. Ltd.

Progress House, Pune-Mumbai Road, Opp.

Engineering College, Shivajinagar, Pune 411005.

...Respondents

1

Kanchan

V.

Mayekar

Digitally signed

by Kanchan V.

Mayekar

Date:

2020.06.27

12:09:54

+0530

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Mr.Ashutosh M. Kulkarni with Ms.Akansha Helaskar and Mr.Sarthak

Diwan for the Appellants.

Mr.A.S. Vidyarthi with Mr.S.S. Vidyarthi and Ms.Ruchika Dave for the

Respondent No.2.

CORAM : R.D. DHANUKA, J.

RESERVED ON : 27TH FEBRUARY,2020

PRONOUNCED ON : 26TH JUNE, 2020

JUDGMENT :-

1.

By this First Appeal filed under section 173 of the Motor

Vehicles Act, 1988, the appellants (original claimants) have impugned the

judgment and award dated 5^th April, 2004 partly rejecting the claims made

by the appellants. Some of the relevant facts for the purpose of deciding this

First Appeal are as under :

2.

The appellant no.1 is the widow, the appellant no.2 is the

daughter, the appellant nos.3-A and 3-B are legal heirs of the original

appellant no.3, who was father of the deceased Milind Dinkar Kulkarni. The

appellant no.4 is brother of the said Milind Dinkar Kulkarni. It was the case

of the appellants herein (original claimants) that Milind Dinkar Kulkarni

along with the appellant nos.1, 2, original appellant no.3 and the appellant

no.4 left Kolhapur were going towards Pune by Car registration No.MH – 9

– E- 1265. The said Car was being driven by the said Milind Dinkar

Kulkarni and was also owned by him. He was driving the said Car by left

side of the road at moderate speed after observing rules and regulations of

traffic on the road. When the said Car reached near the spot of accident, one

Tanker bearing registration No.19 – A – 6565 came by opposite side in very

fast speed.

3.

The driver of the said Tanker was driving the said Tanker in rash

and negligent manner without observing the rules and regulations of traffic

on the road and could not control the said Tanker and came on the wrong

side of the road and dashed the said Car driven by Milind Dinkar Kulkarni.

2

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The said Milind Dinkar Kulkarni and daughter Ketki Milind Kulkarni were

seriously injured. The driver of the offending vehicle was charge-sheeted by

the concerned police station. The said Milind Dinkar Kulkarni (hereinafter

referred to as “the said deceased”) sustained serious injuries in the said

accident and subsequently died at Krishna Hospital, Karad where he was

admitted for treatment.

4.

It was the case of the appellants that the said deceased was a

Chartered Accountant by profession and was practicing at Karad and

Mumbai. He was very intelligent and clever and had good practice. He was

ear