CHITRASEN SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The present petition concerns with the refusal of registration of a vehicle purchased by the petitioner under 'invalid carriage'.

(3.) The facts of the case are that the petitioner has purchased a Maruti Dzire Car on 04.10.2017 from the show-room having Engine No.K12MN2101522. It is contended that the petitioner being differently able person as his legs were amputated was constrained to modify the vehicle from the authorized centre at Deccan Motor Cycle & Scooter Garage, Hyderabad so as to make it suitable for him to drive. The petitioner therefore installed hand break instead of foot break and hand accelerator instead of foot accelerator through the authorized centre to suit his convenience to drive. It is further contended that the above modification was done as per the guidelines provided by the MOTOR VEHICLES ACT, 1988 (hereinafter referred to as the Act, 1988) i.e. the ARAI Guidelines. After the modification, the petitioner thereafter reached to the R.T.O. to get his car registered as "invalid carriage" by submitting all the documents. Despite that the vehicle was not registered under the invalid carriage. It is further contended that the petitioner thereafter has approached to the different authorities but eventually a communication letter dated 12.01.2018 was received which purports that the vehicle so modified should have been manufactured and designed by the manufacturer itself and any deviation from it will not entitle it to be registered as a "invalid carriage".