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BOMBAY HIGH COURT - BENCH AT AURANGABAD
SUNITA ANAND GAIKWAD – Appellant
Versus
RAMESH J THAKKAR AND ANR – Respondent


Advocates:
['BEDRE VINAYAK SUDHAKAR', '', 'S D KULKARNI', 'R/ DISMISSED', '', 'S G CHAPALGAONKAR', 'S G CHAPALGAONKAR']

ORAL JUDGMENT :

1. This Appeal challenges Judgment and Award dated 13th September, 2000, passed by the Member of the Motor Accidents Claims Tribunal, Ahmednagar in Motor Accident Application No. 424 of 1990. The Appellant was the applicant.

2. Facts leading to this litigation, in short, can be stated as under:-

Appellant-Sunita in 1990 was seven years old. She was a Second Standard student. She met with a motor accident. She sustained serious injuries to her limbs and head. She was hospitalized and treated for quite sometime. The application for compensation was moved by her father in 1990, but unfortunately it remained pending before the Tribunal for 10 long years. It was ultimately disposed of on 13th September, 2000, by which time Sunita was 17 years old. On perusal of the said Judgment and record of the lower Court, I realized that Sunita's misfortune continued till today. The evidence that was recorded on her behalf was of her father's deposition. No other evidence came on record. This is a case where expert's evidence and opinion was required to be brought on record to indicate as to what extent Sunita suffered permanent disability. The evidence indicated that both the legs and

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