ABDUL NAZER Vs. THE DEPUTY TRANSPORT COMMISSIONER

JUDGEMENT

(1.) THE petitioner is the owner of a Mahindra Bolero Camper, which was originally registered as a Light Motor Vehicle - Goods Carriage. The petitioner contends that he does not intend to use the vehicle as a Goods Carriage transport vehicle and he purchased the same for the purpose of using it for his personal use as a passenger vehicle. While granting registration in the year 2010, the Registering Authority has described the vehicle as "LMV GV" and the petitioner has been using the said vehicle as such. Subsequently in the year 2013, the petitioner thought it fit to get the class of vehicle altered as private Light Motor Vehicle - Motor Car. The petitioner contends that the issue is no longer res integra in view of the authoritative pronouncement of this Court in Cheriyan v. Transport Commissioner (2009 (2) KLT 583) and seeks for a direction to the 2nd respondent to re -classify the petitioner's vehicle as Non -Transport vehicle.

(2.) IN Cheriyan's case (supra) this Court had declared that with respect to vehicles which are constructed and adapted for carriage of goods and carriage of passengers, the primary aspect to be considered is the use to which it is put. It was also declared that if the vehicle in question is a Light Motor Vehicle, then the registration ought to be granted in that category and not as a goods carriage, if it is not intended to be used as a goods carriage. It was also clarified that if at all the vehicle was used other than for the purpose for which it was registered, then it was open to the authorities to re -classify the vehicle as a Transport Vehicle.

(3.) IN the above circumstance, the definition of 'goods carriage' and 'transport vehicle' in sub -sections (14) and (47) of Section 2 of the Motor Vehicles Act, 1988 assumes significance.