Dhirendra Kumar Ojha @ Tuntun vs Birendra Kumar Ojha

Mungeshwar Sahoo, J.—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.

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 u/s 140 M.V. Act.

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.

From perusal of the impugned order it appears that the learned court below found that at the time of accident the vehicle bearing Registration No. BR26A-8177 was not insured with the Insurance Company. The said vehicle was being driven by the owner, Dhirendra Ojha.

The contention of the learned Counsel for the appellant that the deceased was driving the vehicle is a matter of consideration after adducing the evidence by the parties.

In the facts and circumstances of the case, I find no illegality in the impugned order. Accordingly, this Misc. appeal is dismissed.

However, the appellant is directed to pay the amount of Rs. 50,000/- awarded by the court below u/s 140 of M.V. Act. within one month from today.

It is stated that Rs. 25,000/- has been deposited before this Court by Challan No. 13 dated 9.4.2009. The said Rs. 25,000/- be sent to the court below forth with so that it may be paid to the claimants. The remaining Rs. 25,000/- must be deposited within one month from today as directed above.