WAHAB Vs. R T O KASARAGOD

JUDGEMENT

(1.) Petitioner is the registered owner of contract carriage KLN 6069. He applied for alteration of the vehicle as stage carriage with a seating capacity of 43 in all. That was rejected by the Registering Authority (first respondent) on the ground that the alteration does not comply with R.269 of the Kerala Motor Vehicles Rules, 1989 and it would adversely affect the revenue of the Government.

(2.) Contention of the petitioner is that the first respondent ought to have found that the vehicle fitted with 43 seats would be more convenient to the passengers than with 50 seats as mentioned in Ext. P4 order. Counsel for the petitioner submitted that under S.83 of the Kerala Motor Vehicles Act petitioner as the holder of a permit can replace his vehicle KLN 6069 which is a contract carriage bus to a stage carriage bus and R.269 has no application. Government Pleader pointed out that S.83 contemplates replacement of any vehicle covered by the permit by any other vehicle of the same nature only and so petitioner cannot legally advance a contention that the contract carriage bus should be converted as stage carriage bus without complying R.269.

(3.) The question that arises for consideration is whether a permit holder can insist upon convertion of his contract carriage bus to stage carriage bus without complying R.269. If the contention of the petitioner is accepted he can convert the contract carriage bus to stage carriage bus with lesser seating capacity ignoring R.269. S.83 provides that the holder of a permit may, with the permission of the authority by which the permit was granted replace any vehicle covered by the permit by any other vehicle of the same nature. This section lays stress to "vehicle of the same nature". Contract carriage and stage carriage are defined under S.2 of the Act. Contract carriage means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on fixed or an agreed rate or sum. Stage carriage means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey. From the above definitions, it can be seen that motor vehicles used for contract carriage and stage carriage do not come within the same category. They are not of the same nature as provided under S.83 of the Act.