that the truck in question was overloaded and due to overloading of
the bags of Tendu Leaves, the vehicle came to contact of electric line ... 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
2018 ORDER
the vehicle by alleging that the vehicle in question is
involved in illegal transportation of mineral and was
overloaded. Hence, by alleging ... vehicle involved in illegal transportation is void ab-initio.
In fact, when the authority found that the vehicle in
question is overloaded the action
requisite documents to insurance company. It is
further pleaded that vehicle was overloaded at the time of
accident. It is pleaded that complainant has violated ... affidavit that vehicle
was driven by Pankaj Kumar who was paid driver. There is
further recital in affidavit that vehicle was overloaded at the
time
erroneous and contrary to the evidence on record.
c) The offending vehicle was overloaded and against the seating capacity
of fifteen it was carrying thirty ... conditions of the Insurance Policy and
Route Permit as the said vehicle was overloaded at the time of
accident? OPR"
As is evident
counsel appearing on behalf of the KSRTC are that the
Bolero vehicle was overloaded as many as 19 persons
were travelling ... said vehicle; the alleged
accident has taken place only because of the reason
that the driver could not control the vehicle because of
overloading
Rules of 2017'
for short) on the ground that the vehicle was
overloaded. It is submitted by learned advocate
that respondent has illegally detained ... that the petitioner
is involved in illegal transportation of mineral
and vehicle was overloaded and thereby petitioner
has committed breach of the Rules
vehicle No. HP-06A-2407 was light
goods vehicle unladen weight of vehicle was 1695 Kg. and
laden weight of vehicle ... section 2(21) of
Motor Vehicles Act 1988 light motor vehicle means a
transport vehicle the unladen weight of which does not exceed
7500 kilograms
vehicle under Section 207 of Act.
Therefore, by raising a contention that police department has no
power to seize the vehicle or to prevent overloading ... police authority may not have power while
seizing the vehicle carrying overloaded mineral but then if it has
acted in coordination with Geology Department
from the passers of vehicles while checking for
violation of provisions of the Motor Vehicles Act as well as for
overloading the goods vehicles ... from the passers of vehicles while checking
for violation of provisions of the Motor Vehicles Act as well as
for overloading the goods vehicles
registration, the
carrying capacity of the vehicle was six persons and as the vehicle was
overloaded, the driver lost his control over the vehicle ... passengers
only and as the auto-rickshaw was overloaded by the passengers, the
vehicle turned turtle on the turning point of the road and caused
