Indian Kanoon - Search engine for Indian Law

In the suit filed by Orissa Mineral Development Company Ltd., out of which First Appeal No. 45 of 1963 arose, the plaintiff sought a declaration that nine types of machinery which it owns were not liable for registration under the Act : Item (1) & (2) being Dumpers, (3)& (3A) Tractors (4) Caterpillar Trax Cavetror, (5) & (6) Caterpillar Bull- dozers: (7) & (8) Scrapers and (9) Shovel. The Trial Court found on evidence that items (4) to (9) had a sort of crawler mechanism and were not adapted for regular use on the roads. This fact was also admitted by the opposite party. Accordingly it held that the vehicles in these Items did not come within the ambit of the definition of.'motor vehicle' under s. 2(18) and were not liable for registration under s. 22 of the Act. The case of Dumpers and Tractors items (1) to (3) and (3A), however, was held to stand on a different footing, as these vehicles were adapted for being used on roads for transporting the goods of the plaintiffs though it may be within its own field of operation. The reasons for bringing such vehicles and the tractors within the purview of s. 2(18) of the Act were discussed at some length, and accordingly it was held in both the suits that the vehicle indicated in the respective suit were liable for registration under s. 22 of the Act and for payment of the requisite tax under the Taxation Act. In these appeals intervention of M/s. Chougle & Co., M/s N.C.D.C. Ltd. and'M/s. Dalmia Cement Ltd. who allege that proceedings taken by them are pending in Courts, was permitted and they are represented by the learned Advocates Soli J. Sorabji, S. P. Nayar and S. T. Desai respectively. Civil Appeal No. 336 of 1970 is in respect of the Mysore Motor Vehicles Taxation Act-hereinafter called 'the Mysore Act'. The appellants in this appeal filed a petition under Art. 226 of the Constitution in the High Court of Mysore challenging the demand by the Regional Transport Officer to get the Dumpers registered under the Act failing which they would be committing an offence entailing penal consequences. The High Court of Mysore, while dismissing the petition, held that the Dumpers can be used for carrying loads even outside the mining area or any other enclosed premises, like any other 'goods vehicle' which is required to be registered under the Act. According to it, what would take the vehicle out of the category of 'motor vehicles' under the Mysore Act is that they must be such as "are capable of use in any other place for the purpose of transport of goods or passengers", which, in its view, was not "the same thing as saying that if the vehicle is not put to use elsewhere, or used for a special purpose, it must be exempted from registration under section 22 of the Act." It further observed : "The test of purpose, as argued by the learned counsel, does not also, in our view fall clearly within the purview of the statutory "exemption in section 2(18) of the Act. On the other hand, what is enjoined is that its very design and manufacture must be such as would confine its capability for use only in a factory or enclosed premises," Referring to the case of M/s. Bolani Ores Ltd. v. State of Orissa, (1) the interpretation placed by the Orissa High Court on the judgment of the Supreme Court in The State of Mysore v. Syed lbrahim(2) was not accepted. On this aspect of the Mysore High Court observed :

Mr. Tarkunde for the State of Orissa submits that every motor vehicle registered under the Act is liable to pay tax under the Taxation Act and since dumpers, rockers and tractors are by their nature (1) [1967] 2 S. C. R. 673.

adapted for use on the roads they are registerable, and they have to be registered and are liable for payment of tax under the Taxation Act. There has been a good deal of argument on both sides on the meaning of the expression "adapted for use upon roads". We have been referred to certain English decisions which deal with the meaning of the word 'adapted' in the English Road Traffic Act, 1960. While the definition of 'motor vehicle' in the Act describes it as a mechanically propelled vehicle adapted for use upon roads, the English Road Traffic Act describes it as a mechanically propelled vehicle "intended or adapted for use on roads". Even the earlier English Road Traffic Act, 1930, had used the words "intended or adapted for use on roads", while making Part I applicable to motor vehicles. In Daley and others v. Hargreaves(1) the Queen's Bench Division took the view that as there was no evidence sufficient to show that the dumpers were "intended or adapted for use on roads" within the meaning of s. 36 of the Road and Rail Traffic Act., 1933, and s. 1 of the Road Traffic Act, 1930, and the case being indistinguishable in substance from the Scottish decision in MacDonald v. Carmichael(2) which the Court would follow for conformity, it had not been established that dumpers were motor vehicles to which the regulations applied. In MacDonald's case(2) it was held that the dumpers were solely used in connection with road construction and were not constructed to carry goods on an ordinary highway. They were so constructed as to be capable of, and were in fact occasionally used for, carrying road-making material along short stretches of the public highway in the vicinity of the work of reconstruction. The ratio of that decision was applied to the Daley's case,(1) where Salmon, J. observed at p. 555 :

"In my judgment, the true effect of the Court of Justiciary's decision was that the very limited use of the dumpers on the road in that case did not establish, that they were "intended or adapted for use on the road", within the meaning of those words in the Road traffic Act, 1930, s. 1."

Lord Parker, C.J., though agreeing reserved his opinion by emphasising that it must not be taken as the result of this decision that dumpers of the type used in this case were not motor vehicles intended or adapted for use on the road. He indicated that he had agreed with Salmon, J., merely because there was no proof in that case that the dumpers used were motor vehicles.

Quickness and ease characterise the operation of the dumper and the clumsy manoeuvring can be dispensed with. In narrow lanes or rough roads where turning would be impossible or undesirable, the seat is turned and will face driving direction."

It is also averred in the plaint in the suit filed by the appellant Bolani Ores Ltd. that Euclid Dumpers are used for transporting ore from the mining faces to the crushing and screening plant or from head mine stockpile to near railway siding. Rockers also seem to be similar to dumpers. But in this case rockers are heavier than dumpers. In so far as the tractairs are concerned, attachments are fitted for the purpose of supplying compressed air to Jack Hammer Drills which are used to drill holes in the ore body so that explosive charges may be inserted in them to break the ore into manageable sizes. In respect of all-these three types of vehicles it cannot be said that they are not adapted for use upon roads. That they are not so used or are confined for use to only places other than roads or public places is a different matter, because whether they have to be registered under the Act or are liable for payment of tax under the Taxation Act will depend upon the provisions of the respective Acts.