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2001 Supreme(Ker) 158

K.K.USHA, KURIAN JOSEPH
Raghavan – Appellant
Versus
R. T. O. , Kollam – Respondent


Judgment :-

Kurian Joseph, J. Imposition of a model condition by different Regional Transport Authorities to the effect that no permit will be granted, renewed, countersigned, varied or request for concurrence entertained in respect of stage carriages which are more than 15 years old as reckoned from the date of initial registration is the common issue under challenge in all these cases.

2. At the outset may refer to the relevant portion in the impugned order Ext. P1 in O.P. No. 620 of 2001:

"This authority is very much concerned with the ever increasing road accidents especially those involving stage carriages. This authority is enjoined to look into the objects of the M.V. Act, 1988, which includes Road safety standards, Pollution Control measures, safety standards of vehicles and its components etc. The main object of the Act is thus "public safety and convenience". To achieve the above said objectives it is desirable among other things to eliminate very old vehicles used for carrying passengers from the road in a phased manner. This authority is not indulging in condemning the vehicle under the provisions of S.59 of Motor Vehicles Act, 1988. On the contrary a condition is impose







































































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