BHAKTHAVATSALAM v. ASST. REGIONAL TRANSPORT OFFICER, BANGALORE WESTACT
1990-03-06
S.RAJENDRA BABU
body1990
DigiLaw.ai
RAJENDRA BABU, J. ( 1 ) RULES 1989. The other reason that have been set forth in some of the orders do not realty matter much. Therefore, it is unnecessary to refer to those reasons. ( 2 ) IT is submitted by the learnedcounsel for the petitioner that Rule 151 (2) does not apply to motor vehicles or the restriction placed therein in Rule 151 (2) is not applicable to Goods Carriages and Motor cabs and therefore the reason upon which the petitioner's claim is rejected is wholly irrelevant. However, the learned counsel for the respondent placed reliance upon the expression 'maxicab' under Section 2 (22) and submitted if falls into the description of a public service vehicle and therefore is covered by Rule 151 (2) and submitted that the action taken by the respondents is correct. ( 3 ) IN order to appreciate the contentions of the parties, it is necessary to refer to a few provisions of the Act. Section 2 (22) of the Act defines a 'maxicab', which means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward. Similarly a 'motorcab' is described. But such vehicle is limited to carry not more than six passengers. A public service vehicle is defined under section 2 (35) as meaning any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage. Rule 151 (2) reads as follows: "the minimum seating capacity of a'vehicle shall be directly proportionate to the wheel base of the vehicle. In public service vehicles other than goods carriages and motor cabs the minimum number of seats including two seats for driver and conductor or attender to be provided shall be as specified in column (2) of the table below : table Wheel base Minimum Seating capacity. 254 to 293 cm. 16 294 to 3c5 cm. 20 306 to 343 cm. 25 344 to 407 cm. 30 408 to 432 cm. 35 433 to 496 cm. 45 497 to 534 cm. 50 534 to 541 cm. 55 541 to 561 cm. 60 above 561 cm.
254 to 293 cm. 16 294 to 3c5 cm. 20 306 to 343 cm. 25 344 to 407 cm. 30 408 to 432 cm. 35 433 to 496 cm. 45 497 to 534 cm. 50 534 to 541 cm. 55 541 to 561 cm. 60 above 561 cm. 65 therefore the question that arises for consideration now is whatever may be the description given by the petitioner, it is to be noticed that whether it 'falls within the description of a public service vehicle other than a goods carriage or a motor cab. ( 4 ) IT is contended on behalf ofthe petitioners that a maxi cab cannot be operated in the State of Karnataka in respect of which permits cannot be granted in this state at all. The question whether such permits can be granted or not or whether or not such vehicles can be operated for hire or reward is irrelevant while considering the scope of Rule 151 (2) of the Rules. When the said rule refers to certain restrictions in respect of the vehicles other than motor cabs and goods carriages and covers all other vehicles including maxicabs, the authorities would be right in holding that tha petitioners vehicles are also covered by the said rule. The learned Counsel for the petitioners is not right in contending that Rule 151 (2) is not attracted to such class of vehicles particularly when sub-rule (2) itself exempts in case of goods carriages and motor cabs and not in case of maxicabs. ( 5 ) THE only other objection raised by the petitioners is that their vehicles were not described as maxi cabs but as merely omnibus as in the registration Certificate and therefore it is not open to the authorities to classify the vehicles in question except as stated therein. When a vehicle fits in with more than one description as provided under the statute, it is open to the authorities to choose any one of them which is most apt in the circumstances. The nature of the vehicle has to be considered when the petitioners are seeking for reduction of the seating capacity by an application and not merely with reference to registration.
The nature of the vehicle has to be considered when the petitioners are seeking for reduction of the seating capacity by an application and not merely with reference to registration. When the authorities with reference to manufacture description of the vehicles find that they fit it with the relevant provisions of the statute classifying them as maxicabs with the seating capacity of each of the vehicles being more than six, there is no merit in the contention advanced on behalf of the petitioners that in view of the description in theregistration Certificates the vehicles cannot be considered as maxicabs. ( 6 ) IN that view of the matter, thewrit petitions shall stand rejected. Writ Petition rejected. --- *** --- .