cannot be loaded in the
vehicle more than 4.75 metres higher. in the vehicle in question, tendu
leaves was overloaded more than prescribed height ... overloading, in a case of
overloading claim has to be processed on non-standard basis. In case
of overloading of a vehicle, beyond licensed carrying
action
taken by them against overloaded vehicle and
also against those officials who despite finding
the vehicle overloaded are permitting the
W.P.No. 7050 ... others) 3
members not to indulge in overloading of the
vehicles and shall placed a copy of the
aforesaid direction which may be issued
vehicle in question was
carrying 35 passengers as against 30. The seating capacity of the
vehicle is 30. The vehicle was overloaded ... overloading, in a case of
overloading claim has to be processed on non-standard basis. In case
// 11 //
of overloading of a vehicle, beyond licensed
vehicle was sold
to Mohammad Safi Quraishi and there was overloading in the vehicle as
11 persons were sitting. Actually by selling the vehicle, name ... person on the spot, is not sufficient to presume that the
vehicle was overloaded. The O.P. has erroneously repudiated the O.D.
Claim
overloading, in a case of
overloading claim has to be processed on non-standard basis. In
case of overloading of a vehicle, beyond licensed carrying ... case of overloading of vehicle beyond licence carrying
capacity claim is admissible upto 75% on non-standard basis."
18- mijksDr
State for checking of overloaded vehicles and in the year 2013-14
121471 vehicles were challaned for overloading and ₹86 crores was
recovered as penalty ... vehicle.
Whichever is less:
Provided that the maximum gross vehicle weight
in respect of all vehicles, including multi axle
vehicles not be more than
case where the vehicle capsized by hitting on a rock. If the
vehicle was driven carefully no vehicle will capsize or hit against the
wall ... that jeep.
That itself will show that it was overloaded. When an overloaded
vehicle met with an accident, the burden of the driver/accused will
that, corruption was being done by the Transport
Officials by allowing overloaded vehicles to pass, by taking bribe. So far
as the petitioner is concerned ... transport business. As per the prosecution case, public
servants were allowing overloaded vehicles to pass by taking bribe.
About Rs.9,00,000/- was recovered
Report confirms that the cause of accident was not due to overloading of
vehicle or any rash/negligent driving but due to the fact that ... overload is
illegal, wrong and by no means absolve the defendant no. 2 from its
liability.
23. Further on the aspect of overloading of vehicle
case of the petitioner that for plying of
overloaded vehicle the Motor Vehicle Act, 1988 and the Rules framed
thereunder provided for adequate measure ... framed thereundeer indicated that for
the purpose of taking action for overloading vehicle adequate
provisions are there under the Motor Vehicle Act and, therefore,
action
