ORDER T.C. Shrivastava, J. The Additional Sessions Judge, Jabalpur, has made this reference under Section 438 of the Code of Criminal Procedure recommending that the sentence of fine of Rs.50 each awarded against the non-applicants Satpal and Khairatilal for contravention of rules 126 and 163 under the Motor Vehicles Act be reduced to Rs.20 each, as that is the maximum sentence awardable. The non-applicants Khairatilal and Satpal are respectively the owner and driver of the Truck No. C.P. J. 1936. On 1-4-1958 it was found that the non-applicant No. 1 Satpal was driving the truck with five persons sitting on the front seat of the vehicle and it was loaded with bidi leaves to a height of 13 feet. Accordingly, both the non-applicants were charged for having contravened rules 126 and 163 under the Motor Vehicles Act and were punished under section 112 of the Act, as stated above. The contention of Shri S.R. Nanhoriya, Learned Counsel for the non-applicants, that seating of 5 persons on the front seat does not amount to a contravention of Rule 126 is correct. That rule applies to "public service vehicle" only which has been defined in Clause (25) of Section 2 of the Act as "any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward". A truck which is used as a transport vehicle is not a "public service vehicle". Rule 126 does not therefore apply to the present case and the conviction of the non-applicants for contravention of that rule is illegal. Shri Nanhoriya also contends that Rule 163 does not apply to the present case, as it is restricted to "double-decked public service vehicle". This contention is incorrect, as Clause (b) of that rule applies to all motor vehicles and item (iv) under that clause prohibits loading of motor vehicles with anything extending in height exceeding eleven feet from the surface upon which the motor vehicle rests. In the instant case, the load on the truck of the non-applicants extended to a height of 13 feet from the ground and therefore contravened this rule. They have rightly been punished for contravention of this rule. Under Section 112 of the Motor Vehicles Act the maximum punishment that can be awarded for contravention of any rule under the Act is a fine of Rs.20 only. They have rightly been punished for contravention of this rule. Under Section 112 of the Motor Vehicles Act the maximum punishment that can be awarded for contravention of any rule under the Act is a fine of Rs.20 only. The order of the trial Court awarding a fine of Rs.50 on each of the non-applicants is therefore illegal and must be set aside. The order of the trial Court convicting the non-applicants for contravention of Rule 126 under the Motor Vehicles Act is set aside. Their conviction for contravention of Rule 166 is maintained; but the fine is reduced to Rs.20 each. In default of payment of fine, they shall undergo simple imprisonment for 15 days.