JUDGMENT - VAZE V.V., J.: - The Motor Vehicles Act, 1939 ('the Act') is a consolidating and amending Act relating to motor vehicles. Under Clause (18) of section 2 of the Act, 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises. Clause (33) of section 2 defines “transport vehicle” to mean a public service vehicle or a goods vehicle, and section 22 makes it obligatory upon the owner to obtain a certificate of registration before causing or permitting the vehicle to be driven in any public place. In addition to the requirement of a certificate of registration, section 38 further prescribes that a transport vehicle should, in addition, carry a certificate of fitness in Form 'H' as set forth in the First Schedule.

2. Even though a vehicle which is not a transport vehicle does not ordinarily require a certificate of fitness as prescribed by

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