T V MOIDU Vs. STATE

JUDGEMENT

(1.) THESE are two revision cases preferred against the convictions and sentences by the learned Additional First Class Magistrate, Coonoor, in S. T. R. Nos. 1737 and L738 of 1958.

(2.) THE facts are short and the point of law raised by the learned Advocate Sri T. Chengalvarayan, is an interesting one. The public transport vehicle, lorry K. L. D. 390, has got a permit to ply from Kundah to Ootacamund, But the route is via Korakundah and not Selas. On 25-7-1938, KLD. 690 was found being driven by the driver Moidu at that time, on a trip totally unconnected with its use under the permit granted to it, at Selas Bazar. It is admitted that via Selas is the shortest route to Ootacamund from Kundah. The driver Moidu and the owner Ayyappan have been charge-sheeted for an offence Under Section 42 (1) read with Section 123 of the Motor Vehicles Act and under Rule 226 of the Motor Vehicles Rules read with Section 112 of the Motor Vehicles Act. Both of them were convicted and fined. Hence these revision cases,

(3.) I must now briefly set out the relevant provisions of law. Section 2 of the Motor Vehicles Act sets out the definitions. A "goods vehicle" is defined in Section 2 (8) as meaning any motor vehicle constructed or adopted for use for the carriage of goods, or any motor vehicle not so constructed or adapted] when used for the carriage of goods solely or in addition to passengers. The term "owner" is defined in Section 2 (19) and as pointed out by Niyogi J. in Bhagavant Gopal In re A. I. R. 1943 Nag 22, the word owner" occurring in the various Sections of the Act would take in all persons in the sense in which if; is ordinarily understood and that ownership as opposed to possession, implies title with the incidental right of transfer. In the context of a hire-purchase agreement, it will mean the person in possession of the vehicle under that agreement. The word "permit" is defined in Section 2 (20) as meaning, any document issued by the Commissioner or a provincial or regional Transport Authority authorising the use of a transport vehicle as a contract carriage, or stage carriage, or authorising the owner as a private carrier or public carrier to use such vehicle. The terms "private carrier" and "public carrier" are defined in Clause (22) and (23 ). The words "plying for hire" in this connection, it may be pointed out, have the same significance in India as they have in England. The words "to ply for hire" as used in the rules and as they are generally understood, ordinarily mean to exhibit a vehicle in such a way as to invite those who may desire to do so, to hire it or travel in it on payment of usual fares and also to offer its me on payment to any member of the public thereby, soliciting custom. The Motor Vehicles Act, in connection with the travelling of a vehicle makes a sharp distinction between driving a vehicle, being in charge of the vehicle, and using the vehicle. It need not be pointed out that driving a vehicle is nothing more than a physical or manual act of propelling it. To be in charge of the vehicle means something different viz, the vehicle being in the custody of the person who is said to be in charge of that vehicle and that person may be or may not be performing the function of driving. The word "using" doesi not mean the same thing as driving or being in charge of the motor vehicle. The word "use" connotes that the travelling or stationary vehicle at the time when it becomes the subject-matter of a delictuin. was at the place where it is found in the course of its user in accordance with the permit granted to it and which has been defined above.