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High Court of Punjab and Haryana · body

2008 DAILYLAW 2245 (PNJ)

CHATTARPAL AND ANOTHER v. SUMITRA DEVI

FAO/4453/2008 · 2026-02-05

Pankaj Jain

body2008

Judgment text

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FAO-4453-2008 (O&M) FAO-4453-2008 ₹ ₹ POOJA SHARMA 2026.02.13 16:35 I attest to the accuracy and integrity of this document FAO-4453-2008 (O&M) ₹ ₹ ₹ POOJA SHARMA 2026.02.13 16:35 I attest to the accuracy and integrity of this document FAO-4453-2008 (O&M) “Section 2(28) is a comprehensive definition of the words "motor vehicle". Although, a "trailer" is separately defined under section 2(46) to mean any vehicle drawn or intended to be drawn by motor vehicle, it is still included into the definition of the words "motor vehicle" under section 2(28). Similarly, the word "tractor" is defined in section 2(44) to mean a motor vehicle which is not itself constructed to carry any load. Therefore, the words "motor vehicle" have been defined in the comprehensive sense by the legislature. Therefore, we have to read the words "motor vehicle" in the broadest possible sense keeping in mind that the Act has been enacted in order to keep control over motor vehicles, transport vehicles etc. A combined reading of the aforestated definitions under section 2, reproduced hereinabove, shows that the definition of "motor vehicle" includes any mechanically propelled vehicle apt for use upon roads irrespective of the source of power and it includes a trailer. Therefore, even though a trailer is drawn by a motor vehicle, it by itself being a motor vehicle, the tractor-trailer would constitute a "goods carriage" under section 2(14) and consequently, a "transport vehicle" under section 2(47). The test to be applied in such a case is whether the vehicle is proposed to be used for transporting goods from one place to another. When a vehicle is so altered or prepared that it becomes apt for use for transporting goods, it can be stated that it is adapted for the carriage of goods. Applying the above test, we are of the view that the tractor-trailer in the present case falls under section 2(14) as a "goods carriage" and consequently, it falls under the definition of "transport vehicle" under section 2(47) of the M.V. Act, 1988.” POOJA SHARMA 2026.02.13 16:35 I attest to the accuracy and integrity of this document FAO-4453-2008 (O&M) ₹ ₹ POOJA SHARMA 2026.02.13 16:35 I attest to the accuracy and integrity of this document