Rajan, J. These cases in which an interpretation of S.52 of the Motor Vehicles Act 1988 (hereinafter referred 10 as 'the act) is involved can be broadly classified into three groups. Writ Appeal Nos. 31/95,130/95 and 832,849,964 & 630/96 are appeals filed by registered owners of motor vehicles from the common judgment of the learned single judge who dismissed their original petitions. W.A.Nos. 1244,1477,1608,1205,11677 95 & 93,117 and 134/96 are appeals filed by the State against the judgment of another learned single Judge. O.P.Nos.14614, 14703, 13783, 14739 and 13562/95 are similar cases referred to the Division Bench. All the appellants except the State and the petitioners are registered owners of motor vehicles, which are classified as omni buses, mini buses, truckers or LMV light motor vehicles. Almost all of them are holders of contract carriage permits. The seating capacity of their vehicles varies from 9 to 16 including the driver. It is seen from the records (please see counter affidavit filed in O.P. No. 14703/95 and Ext. P3 order in W. A. No. 130/95) that the seating capacity of the vehicles has been fixed by the manufacturers themselves and the proto types o