Section 113 (3) Motor Vehicles Act | Owners Also Liable When Vehicle Driven With Excess Weight: Kerala High Court
1 year, 11 months ago

Section 113 (3) Motor Vehicles Act | Owners Also Liable When Vehicle Driven With Excess Weight: Kerala High Court

Live Law  

The Kerala High Court on Friday observed that owners of the vehicles are also liable to be prosecuted under Section 113 of the Motor Vehicles Act, 1988 in case they have permitted the vehicle to be driven with excess weight. Section 194 of the Motor Vehicles Act, the court said the complaints raise specific allegations against the registered owners of the vehicles that they had permitted the vehicle to be driven with excess weight. On going through the complaints submitted in all these cases, there are specific allegations against the respective registered owners that they have permitted the vehicle to be driven with excess weight and, therefore by virtue of the stipulation contained in Sub section, the registered owners are liable to be prosecuted for the offence under Subsection of Section 113 of the Motor Vehicles Act," the court observed. Once the vehicle was found to be carrying excess weight, the offence under Subsection of Section 113 would get attracted and merely because of the reason that the officer concerned failed to pass an order directing the driver to off-load the excess weight, the proceedings would not be vitiated and efface the offence already committed by the accused persons".

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History of this topic

MV Act | Light Motor Vehicles License Sufficient For Driving Transport Vehicles Below 7500 Kgs, No Separate License Needed: Rajasthan High Court
4 months, 2 weeks ago

MV Act | Light Motor Vehicles License Sufficient For Driving Transport Vehicles Below 7500 Kgs, No Separate License Needed: Rajasthan High Court

Live Law  

The Rajasthan High Court has affirmed that a transport vehicle weighing less than 7500 Kgs does not need a separate driving license other than the one issued under Section 10 of the Motor Vehicles Act, 1988 for driving a Light Motor Vehicle. “That there is no requirement to obtain a separate endorsement to drive transport vehicle, and if a driver …

Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court
1 year, 2 months ago

Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court

Live Law  

The Kerala High Court has laid down that a vehicle which was taken on rental basis, and which was subsequently put to use for illegal purposes, cannot be confiscated when the registered owner of the vehicle had no knowledge of the offence, nor had any active involvement in such act. Once it is indicated from the materials furnished by the …

Vehicles With Extensive Modifications Endanger Road Safety: Kerala High Court To Pass Detailed Order
1 year, 4 months ago

Vehicles With Extensive Modifications Endanger Road Safety: Kerala High Court To Pass Detailed Order

Live Law  

The Kerala High Court on Monday orally remarked that the use of extensive modifications on vehicles could endanger public lives and significantly undermine road safety. The division bench of Justice Anil K. Narendran and Justice P.G Ajithkumar suggested that appropriate action could be taken by the police officials to address this issue, including potentially taking custody of these. The division …

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision
1 year, 10 months ago

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision

Live Law  

The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which …

S.149 MV Act | Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court
2 years, 3 months ago

S.149 MV Act | Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that when the owner of a vehicle is satisfied that the driver has a license and is driving competently, there would be no breach of Section 149 of the Motor Vehicles Act, and hence the Insurance Company would not be absolved from their liability to compensate the victim.Justice Sophy Thomas, while holding so, …

Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie
2 years, 4 months ago

Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie

Live Law  

The Kerala High Court recently held that as per the provisions of the Motor Vehicles Act and the Central Motor Vehicle Rules, the liability for alteration of vehicles is on the owner or manufacturer of the vehicle and not on the shopkeeper.Justice Amit Rawal, while holding so, observed that in the instant case, the notices issued by the Road Transport …

Insurance Company Not Liable To Pay Compensation If Heavy Goods Vehicle Is Driven By Person Holding Light Motor Vehicle License: Karnataka High Court
2 years, 9 months ago

Insurance Company Not Liable To Pay Compensation If Heavy Goods Vehicle Is Driven By Person Holding Light Motor Vehicle License: Karnataka High Court

Live Law  

The Karnataka High Court has said that the insurance company will not be liable to pay compensation, if a heavy goods vehicle is driven by a person holding a light motor vehicle license. A single judge bench of Justice S Vishwajit Shetty while partly allowing an appeal filed by one Mahantesh, owner of a tipper lorry said, "The vehicle in …

Kerala High Court Directs State Police, Motor Vehicle Dept. To Take Strict Action Against Overloading, Misuse Of Govt Boards On Vehicles
2 years, 10 months ago

Kerala High Court Directs State Police, Motor Vehicle Dept. To Take Strict Action Against Overloading, Misuse Of Govt Boards On Vehicles

Live Law  

The Kerala High Court has directed the State Police and Enforcement Officials of the Motor Vehicles Department to initiate stringent measures against vehicle drivers/owners found disregarding the Road Safety Policy guidelines, particularly against those who overload their vehicles or use a government nameplate without the requisite authorisation.Justice Anil K Narendran issued certain. The Kerala High Court has directed the State …

No Person Supposed To Share Seat Of Driver In 3-Wheeler Goods Carriage : Kerala High Court
3 years, 1 month ago

No Person Supposed To Share Seat Of Driver In 3-Wheeler Goods Carriage : Kerala High Court

Live Law  

The Kerala High Court last week held that in a three-wheeler goods carriage, no other person whether a passenger or as an owner of the vehicle is supposed to share the seat of the driver and any such action is a violation of the insurance policy conditions.Justice A. Badharudeen thus set-aside the liability fastened on the insurance company by the …

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety
3 years, 2 months ago

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety

Live Law  

The Kerala High Court recently made an attempt to reinforce the Rules and directions in place for road safety by directing the concerned officers to take necessary steps and ensure that no motor vehicle ply in any public place violating the statutory provisions.Justice Anil K. Narendran accordingly directed the Transport Commissioner, the Deputy Transport Commissioner and the Regional. The Kerala …

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