BRUENDRA KUMAR CHAUDHARI DHARAMPAL SINGH PREMLATA SHARMA Vs. STATE OF UTTAR PRADESH:STATE TRANSPORT AUTHORITY U P LUCKNOW:STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) We granted leave and dismissed the appeals on 27/03/1992. Here are our reasons for the dismissal of the appeals. In Gur Bachan Singh v. Regional Transport Officer, Kanpur a division bench of the Allahabad High court in their order dated 19/04/1985 held on the ground that as the Transport Authority had granted contract carriage permits to their mini buses to be plied as motor cars, the operators were free to pick up individual passengers from one point to other. They further held that:

(2.) It appears that prior to 1971, Transport Authorities of U. P. State were generally granting contract carriage permits to Fiat and Ambassador cars for plying the same from one city to another. On the ground that there were pressing demands for introduction of mini buses the State Transport Authority by resolution dated 5/11/1971 decided to adopt a liberal policy of issuing contract carriage permits to mini buses permitting them to ply their vehicles on the various routes in the State. There appears to have been no definition of a 'mini bus' at that time in any enactment. However, in the view that the 'mini buses' which were constructed or adapted to carry more than six persons would fall either under the definition of 'omnibus' or 'motor cars' contract carriage permits were issued to these mini buses to be plied as motor cars. There is an obvious mistake in this view because the definition of 'motor car' excluded transport vehicles. This decision was holding the field till the new Motor Vehicles Act, 1988 came into force with effect from 1/07/1989.

(3.) When another case came up before another division bench in the case of Samundra Devi v. State Transport Authority that bench in view of the change in the definition of contract carriage in the new Act referred the matter along with some other cases to a larger bench. The full bench held that the definition of 'contract carriage' is exhaustive and would take into its fold all types of vehicles which are permitted to ply as 'contract carriage' irrespective of their size and seating capacity and that maxi cab and motor cab would also be included in the definition of contract carriage notwithstanding that separate fares are charged from its passengers.