Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie

The Kerala High Court recently held that as per the provisions of the Motor Vehicles Act and the Central Motor Vehicle Rules, the liability for alteration of vehicles is on the owner or manufacturer of the vehicle and not on the shopkeeper.

Justice Amit Rawal, while holding so, observed that in the instant case, the notices issued by the Road Transport Office, Alappuzha, to the petitioner-shopkeepers were without jurisdiction, and hence, the Court could exercise its writ jurisdiction over the same. 

The petitioners in the instant case were shopkeepers selling the accessories of vehicles and sun glass films including glaze glasses and safety glasses for buildings and vehicles. Show cause notices had been issued to the petitioner by the Alappuzha Road Transport Office on the ground that the selling of such articles would amount to violation of the provisions of the Motor Vehicles Act which prohibits illegal vehicle modification.

It was submitted by the counsels for the petitioner, Advocates D. Kishore and Meera Gopinath that the materials conformed to the provisions of Rule 100 of the Central Motor Vehicles Rules, 1989 amended in 2020, and that the provisions of the sections in the show cause notices issued by the RTO would only be applicable to owners and manufacturers of the vehicle, but not the shopkeepers.

It was in this context that the Court perused the provisions of Section 52 of the Motor Vehicles Act and amended Rule 100 of the Central Motor Vehicles Rules, and arrived at its finding that only the manufacturers and the owners of the vehicle could be held liable for such modification.

The Court hence, ordered that the impugned notices would be stayed until the next date of hearing, and posted the case for November 15, 2022. 

Assistant Solicitor General of India, S. Manu, and Senior Government Pleader, Jimmy George appeared on behalf of the respondents. 

Case Title: Abdul Sathar & Ors. v. Union of India & Ors

Citation: 2022 LiveLaw (Ker) 475

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