Point of Law: Section 66 of the Motor Vehicles Act does not indicate that it would have to be notified separately in the gazette. The said provision being a part and parcel of the Motor Vehicles Act, 1988 therefore stood notified alongwith notification of the Act itself

JUDGMENT :

(C.M. Application No.31633 of 2018 for Restoration of the Appeal)

1. Application has been filed seeking restoration of the appeal to its original number by recalling of order dated 14.03.2018 whereby the appeal had been dismissed in default of appearance. Learned counsel appearing on behalf of answering respondent does not have any objection in case the appeal is restored to its original number. In view thereof the application is allowed and the appeal is restored to its original number recalling the order dated 24.03.2018.

(Order On Memo of First Appeal From Order)

2. Heard learned counsel for appellant and learned counsel appearing on behalf of respondent no.5.

3. The appeal is being heard and decided today itself by the consent of learned counsel for parties.

4. It is admitted between the parties that the respondents no.1 to 4 are merely proforma respondents and their being unrepresented at the final hearing is of no consequence.

5. First appeal from order has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 28.05.2012 passed by Motor Accident Claims Tribunal/District Judge, Barabanki in Claim Petition No.231 of 2009 whereby the claim petition was allowed determining liability for payment of compensation upon the owner of the offending vehicle who is appellant herein.

6. The short question of law involved in the present appeal pertains to interpretation of Section 66 and Section 2(15) of the Motor Vehicles Act, 1988.

7. Learned counsel for appellant has submitted that the offending vehicle was a goods vehicle with unladen weight capacity of 1625 kg and laden weight of 2750 Kg as indicated in the registration certificate. It is submitted that the issue with regard to determination of liability for compensation was formulated as issue no.6 by the tribunal and has been held against the appellant. Learned counsel has submitted that as per Section 66(1) of the Motor Vehicles Act, 1988, the use of a vehicle as a transport vehicle in any public place whether actually carrying passenger or goods or not has to be in term of conditions of permit granted or countersigned by Regional State Transport Authority or any prescribed authority. It is submitted that in terms of Section 66(3)(i), the provision of Section 66(1) of the Motor Vehicles Act would not be applicable to any goods vehicle, the gross vehicle weight of which does not exceed 3000 kg. It is therefore submitted that the laden weight of the offending vehicle as per the registration certificate being 2750 Kg was well within the limits specified under Section 66(3)(i) of Motor Vehicles Act, due to which the offending vehicle did not require any specific permit. Therefore, the findings of the tribunal against the appellant is not in accordance with the provisions of Section 66(3)(i) of the Motor Vehicles Act.

8. Learned counsel appearing on behalf of respondent no.5 has refuted the submissions advanced by learned counsel for appellant with the submission that the provision of Section 66(3)(i) of the Motor Vehicles Act have to be seen in the context of the definition of gross vehicle weight as given in Section 2(15) of the Motor Vehicles Act, 1988 whereby the gross vehicle weight in respect of any vehicle means the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle. In view of aforesaid submission, learned counsel submits that for the said purpose, the total weight of the vehicle has to be taken as an addition of unladen weight plus the laden weight. Considering the aforesaid, it is submitted that the total unladen weight of the offending vehicle being 1625 Kg was required to be added to the laden weight of the vehicle being 2750 kg i.e. a total weight of 4375 Kg. It is submitted that the condition would indicate gross vehicle weight of the offending vehicle exceeding 3000 Kg as indicated in Section 66(3)(i) of the Motor Vehicles Act, due to which the offendin