The central legal point established in the judgment is that a vehicle's suitability for use on roads is crucial in determining its classification as a motor vehicle under the Motor Vehicles Act, 1988.

JUDGMENT :

NAJMI WAZIRI, J.

C.M. APPL. No. 20284/2019 (for early hearing)

1. This application seeks early hearing of the appeal.

2. For the reasons mentioned in the application, it is allowed.

3. The application stands disposed-off.

MAC. APP. No. 614/2018

4. At joint request, the appeal is taken up for disposal.

5. This appeal impugns the order of the learned MACT in Suit No. 4791/16 decided on 09.01.2018, on the ground that the impugned order has erred in not considering the offending vehicle to be a motor vehicle under section 2(28) of the Motor Vehicles Act, 1998 (sic 1988).

6. The accident occurred on the premises of respondent no. 2-Container Corporation of India Ltd. at Tughlakabad, New Delhi, when a machine called "Reach Stacker" reversed at a fast speed, in a rash and negligent manner into the claimant, causing him extensive injuries. The facts of the case are that on 05.09.2013, when the appellant/claimant had gone for "import custom clearance" in the course of his normal work i.e. assisting in clearance of consignments to a custom house agency; while standing on the premises of R-2, the said accident happened. The Inland Container Depot at Tughlakabad, New Delhi, is a place where container loads of goods are either brought in for export from Delhi to sea ports or otherwise the imported goods are brought in for further onward journey to the consignee warehouses. The containers are also re-stuffed for their optimal use.

7. The vehicle "Reach Stacker" is basically a contraption mounted on wheels and used for the sake of shifting containers from one place to the other. The container is lifted and carried from one part of the container depot to another part. For such shifting, roads have been laid in the Inland Container Depot which is stated to be approximately 10 sq km and has peripheral and other interconnecting roads to facilitate the movements of goods. Movement of goods cannot happen except by the use of the Reach Stacker and other vehicles. The entire area is Government-owned and is visited only by persons who are authorized to enter it. What is to be examined is whether a Reach Stacker is a motor vehicle or not. The photograph of the said machine mounted on wheels has been supplied by the learned counsel for Inland Container Depot and the same is reproduced:

IMAGE

8. The respondent no. 2 contends that what is to be seen is: whether the roads on which the said "contraption mounted on wheels" moves about on public or private roads? The Court is of the view that this is hardly the issue, because the movement was on roads on which other people also move about, including the claimant who was an ordinary citizen and had entered the said premises with due permission. Although the said contraption was not issued a registration no. by the Regional Transport Authority and it was being used in an enclosed place i.e. within the boundary wall of the Inland Container Depot, that by itself would not negate the fact that it is a motor vehicle mechanically propelled and adapted for use upon roads. It has a chassis and is mounted on four wheels and has the engine capacity of more than the specification in section 2(28) of the Act.

9. The learned counsel for the appellant, relies upon the dicta of the Supreme Court in the following judgments which have held as under:

"1. Chairman, Rajasthan State Road Transport Corporation and Others vs. Smt. Santosh and Others, 2013 SCC Online SC 466:

Para 28. As to whether a particular vehicle can be defined as motor vehicle in terms of Section 2(28) of the Act, is to be determined on the facts of each case taking into consideration the use of the vehicle and its suitability for being used upon the road. Once it is found to be suitable for being used on the road, it is immaterial whether it runs on the public road or private road, for the reason, that actual user for a particular purpose, is no criteria to decide the name. Definition of motor vehicle takes within its ambit, a dumper and tractor. Tractor which is