DHIRENDRA KUMAR OJHA @ TUNTUN Vs. BIRENDRA KUMAR OJHA

JUDGEMENT

(1.) Heard the learned Counsel Sri Sidharth Harsh on behalf of the appellant and the learned Counsel Sri Rakesh Kumar Samarendra on behalf of the respondent.

(2.) This Misc. appeal has been filed by the owner of the vehicle against the order dated 9.9.2008 passed by the Ist Additional Sessions Judge, Aurangabad, in M.V. Case No. 34 of 2007 / 62 of 2008. By the impugned order the learned Tribunal has directed the appellant owner to pay compensation of Rs. 50, 000/- to the claimant respondent within one month from today under Section 140 M.V. Act.

(3.) The learned Counsel for the appellant submitted that the deceased was unauthorized occupant of the vehicle and he was driving the vehicle himself. The vehicle was a goods vehicle and, therefore, the owner is not liable to pay compensation.