AIR 1958 ORISSA 118 ::24 Cut L T 78 ::ILR (1958) Cut 113

Orissa High Court

Hon'ble Judge(s): Narasimham , C.J. AND G. C. Das , J

(A) Motor Vehicles Act (4 of 1939) , S.42(1), S.123(1)— Scope of - Overloading of buses - Conviction of driver and conductor u/S. 123(1) - Legality. Orissa Motor Vehicles Rules (1940) , R.86(1), R.86(8)— Section 123 is wider than S. 42 (1) and is designed to punish all persons whoever drives a motor vehicle or causes or allows a motor vehicle to be used or lets out a motor vehicle for use in contravention of the provisions of Sub-s. (1) of S. 42. S. 123 (1) thus clearly makes the driver and the conductor of a motor vehicle liable for the contravention of the provisions of S. 42 (1). Case law fully discussed.(Para 16) Rule 86 (1) of the Orissa Motor Vehicles Rules. 1940, makes it a joint responsibility for both the driver and the conductor for the due observance of the provisions of the Act and the Rules. Further R. 86 (8) clearly provides that the driver and the conductor shall not allow any person to be carried in any public service vehicle in excess of the seating capacity. Thus, where the driver and the conductor take large number of persons in excess of the seating capacity, they clearly contravene the provisions of the rules as also @page-Ori119 sub-s. (1) of S. 42 and hence are liable to be punished under S. 123 (1).(Para 18) ....