- (1.) CIVIL Appeal No. 5227 of 2003 Heard the learned counsel for the parties.
(2.) THIS Appeal, by special leave, has been filed against the impugned judgment of the Kerala High Court dated 28.3.2001. The facts of the case have already been mentioned in the impugned judgment and hence we are not repeating them here. The short controversy in this case is whether the Regional Transport Authority can prescribe that a stage carriage which is more than 15 years old cannot ply.
(3.) MR. K. Radhakrishnan and MR. Mathai M. Paikeday, learned Senior Counsel for the appellants, submitted that under S.59 of the Motor Vehicle Act, 1988 only the Central Government can fix the age limit of vehicles. We do not agree. Under S.72(2) of the Motor Vehicles Act, 1988 the Regional Transport Authority may grant the permit for a stage carriage of a 'specified description' The expression 'specified description' is very wide and, in our opinion, this would include fixing the age of the vehicle also. Restricting the age of the vehicle for the grant of permit for a stage carriage is obviously in the public interest because old vehicles can cause accidents and inconvenience and, therefore, the authorities under the Motor Vehicles Act, 1988 are perfectly justified in placing such a restriction for grant of the permit.;