Approval from the registering authority is not necessary for altering the seating capacity of motor vehicles under S.52 of the Motor Vehicles Act 1988, unless the change results in exceeding 2% of the weight entered in the certificate of registration.

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 of these vehicles were subjected to test by the Vehicle Research and Development Establishment as enjoined under R.126 of the Motor Vehicles Rules (Central). In all these cases, the registered owners filed petition before the Regional Transport Officer for sanction for alteration of the seating capacity by one or two seats. In some of the petitions, the reason seated for such a request is that they find it difficult to carry on with the vehicle on account of the present increase in the tax and other maintenance expenses.

2. S.52 of the Act deals with alteration in motor vehicles. "According to S.52(1), no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate unless he has given notice to the registering authority and he has obtained the approval of that authority to make such alteration. The proviso to S.52 states that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories if such change does not exceed 2% of the weight entered in the certificate of registration.

3. Therefore, we have to see whether the change in the seating capacity of the vehicle is an alteration of the vehicle as described in S.52 of the Act. If we look into the meaning of the word 'alter' in the manner in which it is understood by a cornmonman, it means a change in character, position, size or shape. Thus, unless the reduction of one of two seats of the vehicle constitutes a change in character, size or shape of the vehicle, it cannot be an alteration within the meaning of S.52 of the Act. In this connection, it is advantageous to refer to S.15 of the Motor Vehicles (Amendment) Act 1994, by which S.52 of the principal Act was amended. By the above amendment, after sub-s.(5), the following sub-section and explanation were "inserted:

"(6). No person holding a vehicle under a hire purchase agreement shall make any alteration to the vehicle for which approval of the registering authority is required under sub-s.(1), except with the written consent of the registered owner."

Explanation:- For the purpose of this section, "alteration" means a change in the structure of a vehicle which results in change in its basic feature"

The above explanation fully supports our interpretation of the word 'alteration' which now is made clear as a change in the structure of a vehicle, which results in change in its basic feature. Though an attempt was made by Sri. P. Ravindran, learned counsel for some of the registered owners of the vehicles that the explanation as it appears after sub-clause (6) can be applied only to the new sub-section added and not to the main section, we have no hesitation to r