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1982 Supreme(Mad) 352

S.MOHAN
Minor J. Srinivasan, by mother and guardian J. Shanthi. Proprietor, Sri Dhanalakshmi Service, Chidambaram – Appellant
Versus
Kannan Motor Transport, 43, Kanagasabai Nagar, Chidambaram – Respondent


Advocates Appeared:
C. Ramaswamy for St. N. Rangachari, for Petitioner.
The Advocate- General for R. Muthukumaraswamy and V. Rama Jagdeesan, for Respondent.

Judgment :-

Two important questions arise for consideration in this civil revision petition. They are

(1) whether a minor can be holder of a permit under the Motor Vehicles Act and (2) whether during the lifetime of the father, the mother can represent a minor The facts in this revision lie in a narrow compass. The revision petitioner applied for the grant of a stage carriage permit on the route Kurinjipadi to Ponnanthittu via, Adur Agaram, Bothavacheri, Bhuvanagiri, Chidambaram and Killai. The length of the route is 45.3 kilometres, which is in motor parlance called a minimum route. A proposal was published under section 57 (2) of the Motor Vehicles Act inviting applications. In response to this there were 5 applicants. The petitioner was applicant No. 1 while the respondent was applicant No. 5. The Regional Transport Authority at the hearing dated 15th February, 1978, granted the permit in favour of the petitioner who secured 10 marks since the respondent obtained only 8 marks. Aggrieved by this grant, the matter was taken up in appeal to the Appellate Tribunal. The Tribunal reversed the orders of the Regional Transport Authority mainly on two grounds, they being that the award of





























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