Mr. K. Kannan, J. (Oral) - CM No. 13743 & 13744 CII of 2014

For the reasons stated in the applications, delay in re-filing as well as filing the appeal is condoned.

FAO No. 4922 of 2014

1. The appellant presents a point which is patently against the provisions of the Motor Vehicle Act. The case merits setting out the law lucidly for future guidance to subordinate courts. It is an admitted case that the vehicle involved in the accident was a goods vehicle. A goods carriage is defined under Section 2 (14) of the Act as a vehicle constructed or adapted for the sole purpose of carrying of goods. A vehicle which is used for carrying on goods is a “transport vehicle” in terms of Section 2 (47). The said section reads that a transport vehicle means, a goods carriage, an educational institution bus and a private service vehicle. A vehicle that carries goods, therefore, conforms to two definitions, namely, goods carriage as well as transport vehicle. A transport vehicle is so defined in order that the legal regulation relating to licencing and permit under the Motor Vehicle Act are complied with. A transport vehicle can be driven only by a person who holds a driving licence in the