9911796707
TMI Blog1969 (3) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... The Petitioner-company is a holder of a lease in regard to 819 acres of land under the Mines Act and Regulations. The petitioner, during his mining operations, has been using 4 Dumpers which will be more fully described hereafter. According to him, the vehicles are used to carry loads of earth and ore from one place to another within the mining area. It is stated that this operation is essential for carrying on its mining operations effectively and economically. On 2-6-1965 the Company appears to have addressed a letter to the Commissioner for Transport, Bangalore, making an enquiry in regard to the registration of these Dumpers. A reply was received by the petitioner on 26-6-1965 (Annexure A) to the effect that even though the vehicles were proposed to be used within the Mining Area, they were required to be registered under Chapter III of the Act. Further correspondence seems to have ensued culminating in the issue of an endorsement (Annexure C), whereunder the Company was called upon to produce the vehicles for registration with a note of caution that it would amount to an offence to use such vehicles without registration. Aggrieved by this communication, the petitioner has app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of Section 22 of the Act. It is further his contention that the purpose for which the vehicle is used is also a relevant circumstance, meaning that so long as it is not used like any other public carrier or goods vehicle, it would not be a motor vehicle within the meaning of die provisions of the Act, which require registration of such vehicles. He submits that the Mining Area is a well defined and demarcated area and as such it must bo deemed to be an enclosed area under Section 2 (18) of the Act. He, however, does not seriously dispute the stand taken on behalf of the respondent that it was not enclosed by a fence or trench. The learned Counsel further argues that the vehicle is not at all adapted for use like other motor vehicles requiring registration under the Act, as for instance, a stage carriage, goods truck, cab or omnibus. The 'dumper is specially adapted for use only in mining operations or works which involve digging and transport of earth on a large scale. Such works are always done on well defined and demarcated areas which are not open to the public at large. It is, there-fore, his contention that such a vehicle falls clearly within the exemption contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a factory or in any other enclosed premises:' (underlining there-into ) is ours). 11. It will be seen from the definition of a motor vehicle that an exemption is incorporated therein relating to vehicles of a special type adapted for use only in a factory or in any other enclosed premises. The word only is not without significance. It confines the operation of the exemption to vehicles which are incapable of being used in any other manner and in any other place, as a goods vehicle, omnibus, stage carriage or cab (sic) such other vehicle as defined in the Act. In other words, a vehicle which is designed for use only in a factory or in any other enclosed premises is excluded from the definition of motor vehicle . 12. In the instant case, it is clear from what has been stated earlier, the dumper in question 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. It may be that it is not as convenient or advantageous as any other public carrier or goods vehicle, which is commonly used for the transport of goods, when it is used for a simi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay mean no more than suitable or apt for use. Lord Parker, C. J., in agreeing makes the following observations: I would only like to emphasise that it must not be taken as the result of this decision that dumpers of the type used in this case are not motor vehicles intended or adapted for use on the road. For my part, I have come to the same conclusion as Salmon, J., merely because that was not proved in this case. It may well be that in another case on fuller evidence the Court will be able to say that dumpers of this kind were clearly motor vehicles intended or adapted for use on the road. 14. It is clear from the above observations that their Lordships rested the decision on the facts of that case. 15. Further, we are concerned with the statutory provisions of the Act relating to exemption or exclusion of certain types of machines from the category of motor vehicles as defined therein. Such exclusion is made subject to the condition that vehicles must ba such which are of special types adapted for use only in a factory or in any other enclosed premises. As explained earlier, they must be such as are incapable of use in any other place for the purpose of transport ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ps of the Orissa High Court further laid down the true test in such matters with particular reference to Section 2 (18) of the Act thus in para 10 of the Judgment: The test in all these cases would bo if the vehicle are reasonably suitable for being used along with the public roads, the fact that the manufacturers have made or intended a particular vehicle for one purpose or the other or the dealers have sold it for a particular purpose or that a particular vehicle is described by a particular name or description, is no criterion to decide whether the vehicle is adapted for use upon the roads within the meaning of the definition given in Section 2 (18) of the Act. 19. Further in the same decision with regard to dumpers employed by the plaintiffs therein, their Lordships observe thus at para 16 of the judgment: .... The word 'road' has not been de fined in the Act for the purpose of Section 2 (18). If a vehicle is fit and suitable for being used on a road, it is immaterial whe ther it runs on a private road or on a public road unless it is shown that it is for a special type adapted for use only in factories or enclosed premises and incapable of running on any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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