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1986 Supreme(Mad) 223

SATHIADEV
G. K. T. Bus Service, Palani – Appellant
Versus
State Transport Appellate Tribunal, Madras – Respondent


Advocates:
Manivannan and Mrs. Radha Gopalan, for Petitioner; Germaiah, for Respondents.

Judgement

ORDER :- Petitioner in C.R.P. No. 466 of 1982 is the owner of the stage carriage TNA 8689, which was stopped and checked at 100/8 K.M. stone on Palani-Coimbatore Road at 6.30 p.m., on 26-3-1980, and it was found carrying six passengers in excess of the permitted seating capacity of 51; and the Registration Certificate, Insurance Certificate and the permit were not available at the time of checking. All the 57 tickets were seized and statements from the crew of the vehicle and a passenger were recorded, resulting in charge memo being issued. After securing explanation from the petitioner, the Regional Transport Authority, Coimbatore held that the charge of overloading had been proved, and, therefore, under S.60(1) of the Motor Vehicles Act, he suspended the permit for three days with an option to compound at Rs. 75/- per day. The Appellate Authority agreed with this finding resulting in this revision petition being preferred.

2. C.R.P. No. 80 of 1983 :- Petitioner herein is the owner of a stage carriage TNJ 2944 which was stopped and checked at 2 K.M. stone on Vellore-Tiruvalam Road at 4.45 p.m., on 22-8-1978 and it was found carrying an overload of 6 adult passengers over i




































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