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 manner required under Section 3 of the Motor Vehicle Act. Such a vehicle also requires a permit in terms of Section 66 of the Motor Vehicle Act. Section 66 falls within Chapter V, which allows the power of the State to control transport vehicles. Section 66 mandates the necessity of permit and reads as under:-

“66. Necessity for permits.—( 1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorizing him the use of the vehicle in that place in the manner in which the vehicle is being use:

The holder of a goods carriage permit may use the vehicle, for the drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed:

Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorize the use of the vehicle as a contract carriage:

Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorize the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.

(2) The holder of a goods carriage permit may use the vehicle, for drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed:

Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailor.

(3) The provisions of sub-section (1) shall not apply-

(a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise;

(b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes;

(c) to any transport vehicle used solely for police, fire brigade or ambulance purposes;

(d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses;

(e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety;

(f) to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf;

(g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purpose and in accordance with such conditions as the Central Government may, by notification in the Offi