JAYAPRAKASH Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE question that has come up for consideration in these cases is whether private service vehicle constructed and adapted for carrying "persons" could be altered as a "good vehicle" a vehicle constructed or adapted for use solely for the carriage of goods, in accordance with s. 52 of the Motor Vehicles Act, 1988.

(2.) PETITIONERS in O. P. 15762 of 1998 and O. P. 15859 of 1998 are registered owners of omnibus. Those vehicles were manufactured after coming into force of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules and Kerala Motor Vehicles Rules, 1989, but before the commencement of the central Motor Vehicles (Amendment) Rules, 1993. Petitioner in O. P. 13265 of 1998 is the owner of the private service vehicle manufactured prior to the coming into force of the Motor Vehicles Act, 1988. PETITIONERS applied for approval of alteration of their vehicles as a "goods carriage vehicle" before the Registering Authority under S. 52 of the Motor Vehicles act. Registering authority did not grant the approval on the ground that if approval is granted that would violate the provisions of the Motor Vehicles Act and Rules.

(3.) BOTH the omnibus as well as private service vehicle are constructed or adapted to carry persons. Persons mean living persons. Light motor vehicle also includes a transport vehicle. Transport vehicle is defined under S. 2 (47) of the Act to mean a public service vehicle, a goods carriage an educational institution bus or a private service vehicle. The expression 'goods carriage' is also defined under S. 2 (14) of the Act, to mean any motor vehicle constructed or adapted for use solely for the carriage of goods or any motor vehicle not so constructed or adapted when used for the carriage of goods. The expression 'goods' is also defined under S. 2 (13) of the Act which includes livestock, and anything (other than equipment ordinarily used with the vehicle)carried by a vehicle except living persons but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle.