Kerala HC ruled that both the registered owner and driver of a goods carriage are responsible for carrying excessive weight under MVA

Case: Fasaludeen A & Ors. v State of Kerala

The Kerala High Court recently ruled that both the registered owner and driver of a goods carriage are responsible for carrying excessive weight, as per the provisions of the Motor Vehicles Act, 1988. The court stated that both parties have committed two separate offenses: driving a vehicle with excessive weight and allowing or causing the vehicle to be driven with excessive weight. The court, in this case, emphasized the joint liability of the owner and the driver.

The court was hearing a group of petitions filed by owners and drivers of goods carriages who were challenging their prosecution by the Motor Vehicles Inspector. The petitions were filed in response to allegations that the petitioners carried excessive weight in their vehicles, violating sections 113(3)(b) and 194(1) of the Motor Vehicles Act, 1988.

The petitioners' counsel argued that the complaint against them was invalid because it specified the amount of penalty they would have to pay if found guilty and also asked them to pay the fine according to a government order. 

The court stated that this issue does not invalidate the complaint and that if the complaint contains sufficient allegations for prosecution, the court can still take cognizance of the case. The court emphasized that the inclusion of a government order and a specific fine amount in the complaint does not prevent the court from proceeding with the case.

The petitioners further argued that the prosecution was invalid because the officers from the Motor Vehicles department did not issue any orders for the drivers to unload the excess weight.

The court stated that this argument is not valid because the offense has already been committed by the accused. Based on this, the court dismissed all the petitions.