RAJU
D. Sampath – Appellant
Versus
Regional Transport Authority, North Arcot, Vellore – Respondent
The above revisions involve common and identical issue and submissions have been also made by learned counsel on either side in common. Hence, they are dealt with together.
2. C.R.P.No.1542 of 1985 has been filed under Sec.64-B of the Motor Vehicles Act, 1939, read with Sec. 115 of the Code of Civil Procedure, challenging the order of the State Transport Appellate Tribunal, Madras in Appeal No.856 of 1983, confirming the order of the Regional Transport Authority, North Arcot, in his proceedings, R.No.45/5236/82, dated 6. 1983, where under the Regional Transport Authority ordered suspension of the stage carriage permit in respect of the bus TNJ.4509 belonging to the petitioner for one day with option to compound the offence on payment of Rs.300 for an offence or overload of three adult passengers. The basis of the charge which culminated in the above orders is that on 5. 1979 at about 230 p.m. On Sankarapuram-Tirukoilur Road, when the Sub Inspector of Police, Sankarapuram, stopped and checked the vehicle in question, there were 63 adult passengers excluding the driver and conductor as against the permitted seating capacity of 60 passengers. On a report being sent by the
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