MV Act - Liability Of Altering Vehicle Is On Owner Or Vehicle Manufacturer, Not Shopkeeper: Kerala HC
The Kerala High Court has held that the liability of vehicle modification is on the owner or manufacturer of the vehicle and not on the shopkeeper.
While perusing Provisions of Section 52 of Motor Vehicles Act and amended Rule 100 of Central Motor Vehicles Rules, the Single Bench of Justice Amit Rawal observed thus "On perusal of the same the liability of alteration of vehicle is on the owner or manufacturer of the vehicle and not on the shopkeeper."
The Court was dealing with a writ petition filed by shopkeepers selling accessories of vehicles and sun glass films including glaze glasses and safety glasses for buildings and vehicles. Show cause notices were issued in this regard by the Transport Department to the petitioners.
Advocate D.Kishore, appearing for the petitioners submitted that it would be a total farcical exercise for the petitioners to reply to the show cause notice as the notices were without jurisdiction.
It was submitted that the provisions of the sections noticed in the show cause notices issued by the Transport Department would only be applicable to owners of the vehicle and the manufacturers but not to the shopkeepers.
The High Court after perusing Section 52 of the Motor Vehicles Act and Amended Rule 100 of the Central Motor Vehicles Rules held that the liability of alteration of vehicle is on the owner or manufacturer of the vehicle and not on the shopkeeper.
"Thus I am of the prima facie view that the notices are without jurisdiction, therefore, the writ jurisdiction of this Court can be entertained even without replying the same.", the Court held while posting the matter for November 15, 2022.
Cause Title- Abdul Sathar & Ors. v. Union Of India & Ors.