Insurer of the offending
vehicle has raised only defences regarding carrying excess
passengers than permitted limit and non holding of driving
licence by driver ... than three persons including driver cannot be carried by
the offending tempo, merely by carrying excess passengers the
owner of offending vehicle did not commit
carrying ten passengers in his aforesaid
vehicle whereas number of passengers allowed to be carried in his vehicle were six
and by boarding the excess ... that accused was carrying ten passengers.
All the prosecution witnesses were throughout consistent on the point of carrying of
ten passengers by the accused/driver
carrying excess passengers. He denied
the suggestion that six passengers were present in the vehicle. He further stated
that the passengers were requested to become ... carry is
State Vs. Devi Charan 3 Challan No.1055-00896-1
mentioned in the Permit and carrying of passengers in excess of such seating
repudiated by the Insurers, on the ground that the vehicle was carrying excess passengers as also the driver did not have effective driving licence ... authorised to carry 12+1 passenger whereas at the time of meeting the accident, it was carrying 26 passengers, the driver was holding a driving
registered for one purpose and using for some other purpose, by carrying excess passengers without payment of any tax,
(b) rationalise the rates ... purpose and using the same for some other purpose, by carrying excess passengers without payment of any tax, has thought it fit to this floor
accused No.1 in respect of the
said vehicle for carrying excess passengers. When the
complainant went and requested accused No.1, he scolded ... does not
state the number of passengers or the excess number of
passengers who were carried and the amount of fine the
driver or owner
passengers permitted to be carried. On some stray occasions it was found that the operator of the vehicle was carrying few passengers in excess ... permitted to ply passengers for fare and these are not cases where excess passengers than permitted are carried, but there is total misuse
instance of ZO. Excess passengers were
sitting in the vehicle. ZO counted the passengers. He further stated
that 10/11 passengers were sitting ... excess passenger.
\ PW1/Challaning Officer during his crossÂexamination has stated that
he can impound the vehicle on the ground of excess passenger
High Court has held that when a luxury bus
carries passengers, excess in number than allowed by the permit, there is a
contravention of terms ... itself having provided for the number of passengers to be carried in
the vehicle, when passengers excess in number than allowed for, is found
appellants
stage carriage was carrying passengers in excess of the
number of passengers allowed to be carried under the permit
issued to him under ... carries on any occasion any passengers in excess of
the number of passengers he is permitted to carry Let us
assume that the registered owner
