Judgment :- P.K. Misra, J. This writ petition has been registered as a suo motu public interest litigation on the basis of a news item which was published in “Daily Thanthi” dated 5.8.2006 highlighting illegal transportation of passengers in goods carriages and the inherent reasons involved in such unauthorised travel. While giving certain interim directions by order dated 18.8.2006, the Division Bench, at that stage, had directed to issue notice to all the respondents. By such order, the 5th and 6th respondents, namely, the Deputy Inspector General of Police, Madurai and the Commissioner of Police, Madurai had been directed to issue necessary directions to their subordinates to take necessary action prohibiting transportation of such passengers in the goods vehicles. The Division Bench had also directed 7th respondent, namely, The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, to provide for additional transport facilities on important festival days and other marriage days, when the requirement of the public to avail more transport facilities is more than the normal. 5th and 6th respondents were directed to submit their affidavits regarding the action taken and 7th respondent was directed to submit the proposal for providing such facilities as indicated. 2. Subsequently, when the matter was listed before us on 30.8.2006, it was orally stated by the Special Government Pleader appearing for the respondents that the interim directions were being complied with. However, at that stage, we felt the necessity of laying down comprehensive guidelines. For the said purpose, we requested Mr.K. Srinivasan, Mr.R.S. Ramanathan, Mr.S.Muthu Krishnan and Mr.K. Govindarajan, Advocates as Amicus curiae to assist the Court. Such Advocates were requested to analyse the various statutory provisions and also to make suggestions. Accordingly, the matter stood adjourned to to-day and is being disposed of. 3. We have heard the aforesaid Advocates and also Mr.R. Janakiramulu, Special Government Pleader. 4. Since there are several provisions contained in the Motor Vehicles Act, 1988, relevant for the present purpose, it would be more appropriate to give a brief resume of such provisions. According to Section 2(35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi-cab, a motor-cab, contract carriage, and stage carriage. According to Section 2(47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. According to Section 2(35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi-cab, a motor-cab, contract carriage, and stage carriage. According to Section 2(47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. According to Section 2(14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods. Section 2(13) defines “goods” as follows: - 2(13) “goods” includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or the personal luggage of passengers travelling in the vehicle. 5. From these definitions, it is apparent that a “goods carriage” is also a “transport vehicle”. 6. Section 66 (1) envisages: - “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 authorising him the use of the vehicle in that place in the manner in which the vehicle is being used: Provided . . . (omitted as unnecessary) Provided . . . (omitted as unnecessary) Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.” 7. Section 77 envisages the application for goods carriage permit and Section 79 empowers the Regional Transport Authority to grant goods carriage permit, subject to certain conditions, which can also be varied from time to time. Section 86 empowers the transport authority, which granted a permit, to cancel the permit or suspend it for such period as it thinks fit. Section 77 envisages the application for goods carriage permit and Section 79 empowers the Regional Transport Authority to grant goods carriage permit, subject to certain conditions, which can also be varied from time to time. Section 86 empowers the transport authority, which granted a permit, to cancel the permit or suspend it for such period as it thinks fit. Section 86(1)(b) envisages that such action can be taken if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit. 8. Section 192-A provides as under: - “192-A Using vehicle without permit.- (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.” 9. (3) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.” 9. Section 207 authorise any police officer or other authorised person to seize and detain the vehicle, if he has reason to believe that the motor vehicle has been used or is being used in contravention of any condition of such permit relating to the purpose for which the vehicle can be used. Section 207(2) empowers the transport authority or the authorised officer to release such seized vehicle subject to such conditions as the authority or the officer may deem fit to impose. 10. The aforesaid provisions make it amply clear that a person cannot be transported in a goods vehicle. The only exception envisaged is transportation of coolies within the permissible limit for loading or unloading and transportation of owner or authorised agent of the owner accompanying the goods being transported in such a goods vehicle. No vehicle can be used as a goods vehicle without a permit. If any such vehicle is used as a goods vehicle without a permit, appropriate action including penal can be taken. Similarly, no passenger can be carried in a goods vehicle except in accordance with such permit and any violation is also punishable. Otherwise, the authorities are also empowered to seize the vehicle. Inspite of sufficient provisions being made, transportation of passengers in goods vehicle is on the rise. Many instances have come to the notice of the Court where passengers are carried on goods vehicles either with or without the connivance/knowledge of the owners, at times to make a fast buck. If due to unfortunate circumstances such vehicles meet with any accident resulting either in injury or even death of unfortunate passengers, misery of the surviving passenger or of the legal representatives of the dead passenger, is very much aggravated because of the fact that compensation payable is to be borne by the driver and at times by the owner, but not by the Insurance Companies. At that stage, it becomes very difficult for such affected persons to get any reasonable compensation. 11. At that stage, it becomes very difficult for such affected persons to get any reasonable compensation. 11. In spite of sufficient statutory restrictions being there, such unauthorised transportation of human beings in goods vehicle is on the rise, obviously because of the apathetic attitude of the law enforcing authorities, namely the police and even the transport authorities, who do not bother to take sufficient punitive measures. The provisions prohibiting use of a goods vehicle for transportation of human beings are more observed in their breach rather than in compliance. Such violations are ignored by the authorities who have the duty to regulate and prevent such violations. The increasing menace of such transgressions, which often result in very serious accidents causing untold mystery, is required to be curbed by all concerned. 12. Keeping in view the aforesaid aspects and keeping in view the directions already issued as interim directions, we deem it fit and proper to issue the following directions: - (1) The law enforcing authorities are directed to keep steep vigil in such matters relating to illegal transportation of human beings in goods vehicle in contravention of the provisions of law and to take strict action against the violators. (2) The statutory authorities under the Act, who have been vested with the power of exercising control, are required to ensure strict observance and to take appropriate action including seizure of vehicle and cancellation of permit. (3) The authorities concerned should initiate penal action against the transgressors so that the guilty persons can be suitably punished in accordance with law. (4) The seventh respondent is directed to make suitable arrangement for providing additional transport facilities on all important festival days and other days such as marriage days and auspicious days, when the requirement for the public for availing transport facilities increase. 13. Learned counsels who had appeared have given several suggestions, which were required to be considered by the appropriate authorities. The suggestions are as follows:- (1) The offence for violating the permit conditions, where the passengers are being carried in a goods vehicle, should be made cognizable and most stringent punishment can be imposed. (2) The owner should not be allowed to take release of the vehicle without at least depositing a substantial amount towards compensation to be paid to the legal heirs of the deceased and to the injured persons, as the case may be. (2) The owner should not be allowed to take release of the vehicle without at least depositing a substantial amount towards compensation to be paid to the legal heirs of the deceased and to the injured persons, as the case may be. It has been suggested that such owner should be directed to deposit at least Rs.50,000/- in each case of death and Rs.25,000/- in each case of personal injury. (3) Liability of the Insurance Companies similar to that of no fault liability can be imposed. (4) The entire amount should be made payable by the Insurance Company and ultimately such amount can be made recoverable from the owner by the Insurance Company so that the claimants would have no difficulty in receiving such amount. Apart from the above, it has also been suggested that at the time of registration of the goods vehicle certain additional amount can be levied from the owners of such goods vehicle for the purpose of creation of a corpus out of which compensation to the victims of the accident can be paid by the State. In this connection, another learned counsel has referred to the Committee constituted by the Government of Tamil Nadu known as Road Safety Council and Road Safety Fund. Under that scheme, a sum of Rs.10,000/- is given on account of death in a road accident and a sum of Rs.6,000/- is given for total disability and a sum of Rs.4,000/- is given for loss of one eye or one limb and Rs.500/- in case of injuries. But, the authorities can think of enhancing the compensation. Therefore, according to him, the Road Safety Council constituted under Section 215 of the Motor Vehicles Act, 1988 can consider the matter and make suggestions for giving higher benefits. These suggestions commend themselves to us and we feel that the law making authority would consider the aforesaid suggestions in all seriousness and make appropriate amendment. 14. The society has already felt the necessity for making stringent provisions in order to curb illicit felling and transportation of forest goods. Necessary stringent provisions have been made in statutes relating to forest by incorporating provisions for confiscation of the vehicle involved in such illegal transportation of forest goods. 14. The society has already felt the necessity for making stringent provisions in order to curb illicit felling and transportation of forest goods. Necessary stringent provisions have been made in statutes relating to forest by incorporating provisions for confiscation of the vehicle involved in such illegal transportation of forest goods. Illegal transportation of human beings, obviously for money, in goods vehicle should be viewed equally seriously and similar provisions can be made for confiscating the vehicles wherein such persons are being carried in violation of the permit and in violation of the provisions of the Motor Vehicles Act. 15. Having regard to all these aspects highlighted by us and keeping in view the suggestions made above, we dispose of the writ petition with the observation that these suggestions should be considered by the appropriate authorities and all remedial/preventive measures should be taken. We again exhort the law enforcing authorities belonging to the police department and the transport department to strictly enforce the various provisions. The directions contained in para 12 should be followed. We place on record our appreciation for the assistance rendered by the Advocates appointed as amicus curiae as well as the Special Government Pleader. A copy of this order shall be communicated to respondents and also to the Chief Secretary to the Government.