BUS OPERATORS ASSOCIATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioners, being aggrieved by the Notification dated 29.10.2007 issued by the 1st Respondent at Annexure-B, are before this Court.

(2.) The first Petitioner is a Registered Association of bus operators of Shimoga, the second and third Petitioners are operators of stage carriage services.

(3.) According to the Petitioners, Section 112 of the Motor Vehicles Act, 1988 (for short 'MV Act') deals with speed limits and Section 113 of MV Act deals with weight limits and limitations on use i.e., carrying of excess passengers in transport vehicles is not made a distinct offence though carrying weight in goods vehicles is expressly forbidden. Further, it is stated that passengers traveling in transport vehicles in excess of the seating capacity may be due to several reasons such as jathras, special occasions etc., and during that time the public may forcefully enter the buses by overpowering the crew and in such contingencies the responsibility cannot be shouldered on the owner or the driver or the conductor of the vehicle. In similar circumstances, this Court in W.P. Nos. 35430-35432/2000 by order dated 14.6.2002 has quashed the Notification with liberty to the Government to issue a fresh Notification providing for a compounding fine in accordance with the provisions of law till appropriate amendment is brought to the Act. Having complied with the order of this Court, the impugned Notification dated 29.10.2007 was issued specifying the amounts of compounding fee of Rs. 100/- per passenger carried in excess of the seating capacity which is contrary to Section 177 R/w Section 200 of the MV Act. Section 177 of M.V. Act, 1988 reads thus: