IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS LEGAL MANAGER/AURHTORIZED SIGNATORY Vs. SUDAMATI W/O KISHANRAO KALE

JUDGEMENT

(1.) Heard. Admit. With consent of both sides, the matter is taken up for final hearing on merit at the stage of admission.

(2.) The point of controversy involved in this appeal lies within short compass of section 147 of the Motor Vehicles Act, 1988 (for short "Act of 1988") to ascertain the liability of Insurer-appellant to indemnify the owner of the vehicle in respect of death of passenger travelling in the goods carriage vehicle.

(3.) The deceased Mangesh s/o Kisanrao Kale, age 22 years, resident of Hadgaon, Tq. Pathri, District Parbhani a bachelor was eking livelihood by doing the private job as band master. He was playing a musical instrument in the group of musician of band party namely "Lokmanya Banjo Party". On the ill-fated day of accident I..e on 27- 05-2010, the deceased Mangesh and his three/four members of Band party started proceeding towards Parbhani with their musical instruments of band for attending marriage ceremony. They were travelling in a goods carriage vehicle tempo bearing registration No. MH-22/N-1507. When the vehicle tempo reached near the hotel "Akshada Dhaba", the vehicle overturned and caused fatal head injury to deceased Mangesh. He was escorted to the Hospital at Nanded. The concerned doctor made endeavour to resuscitate the injured, but hapless deceased Mangesh breathed his last.