1937   Present : Soertsz J.

 MUNASINGHE v. ELIYATAMBY.

 687-P.C. Matale, 18,151.

Omnibus-carrying passengers exceeding six and goods inside the bus-contravention of licence-Liability of driver-Motor Car Ordinance, No. 20 of 1927, s.80 (3).

Where an omnibus carries a number of passengers exceeding six, the condition that the bus may carry goods to the extent of 336 1b. on the roof becomes operative; and, if in such a case, goods are carried inside the bus it would amount to a contravention of the licence, irrespective of their weight.

Where goods are carried in a part of the bus not authorized by the licence, the driver is liable under section 80 (3) of the Motor Car Ordinance unless the contravention was not due to any act, omission, neglect, or default on his part.

Doole v. Zubair (37 N. L. R. 242) distinguished.

APPEAL from a conviction by the Police Magistrate of Matale.

C. E. S. Perera, for accused, appellant.

M. F. S. Pulle, C. C., for the complainant, respondent.

June 11, 1937. SOERTSZ J-

The accused in this case was charged in that he "being the driver of motor bus No. X 4256 used the said bus in contravention of its lice