Documents relevant to motor vehicle operations, expired during the pandemic, deemed valid under a specific government notification, impacting liability and compensation calculations.

JUDGMENT

Jaspreet Singh, J.

Heard Sri Asit Srivastava, learned counsel for the appellant as well as Sri Atul Mishra, learned counsel for the respondent nos. 1 to 5 who has appeared on caveat.

2. The instant appeal has been preferred by the Insurance Company assailing the award dated 30th August, 2023 passed by the Motor Accident Claims Tribunal, Gonda in Claim Petition No. 120 of 2020 whereby in a death case a sum of Rs. 74,55,416 has been awarded in favour of the claimants respondents along with 7% interest per annum.

3. While assailing the aforesaid award, the learned counsel for the appellant has raised three submissions:-

(i) The Tribunal erred in noticing the documents which were filed by the owner/driver of the offending vehicle which is insured with the appellant and that the fitness certificate as well as the permit were not valid on the date of the accident which took place on 14.07.2020 whereas the Tribunal while dealing with issue no. (iii) recorded a finding that the said documents were valid.

(ii) It is further urged that while computing the compensation, the Tribunal erred in taking the amount as indicated in the salary slip as the base whereas it was a Performance Link Pay and as such the same could not have been given taken as the basis as that would fluctuate depending upon the performance of the deceased and for the said reason appropriate factorization of the said salary should have been done and having failed to do so, it has resulted in an inflated award.

(iii) It is further urged that the evidence has also not been appropriately considered by the Tribunal which has resulted in sheer miscarriage of justice.

4. Sri Atul Mishra, learned counsel for the claimants-respondents submits that there is no error in the award and especially on the ground which has been raised by the Insurance Company for the reason that the documents which have been placed by the owner of the offending vehicle were all valid.

5. In so far as the fitness certificate and the national permit for authorization of goods is concerned, both indicate that they were valid more so in light of the notification issued by the Government of India, Ministry of Road Transport and Highways dated 09th June, 2020 whereby considering the prevalence of Covid-19 pandemic, the validity of documents which included the fitness certificate, permits of all types, licenses and registrations which could not be extended or which expired since 01st February, 2020 or were to expire till 30th September 2020, the same shall to be treated to have been valid till 30th September, 2020.

6. It is urged that in view thereof, the documents must be treated as valid as they are covered by the notification aforesaid on the date of the accident i.e. 14.07.2020 and the aforesaid plea is not available to the appellant.

7. The learned counsel for the claimant-respondents on the other hand further submits that in so far as the salary slip is concerned even that was duly placed before the Tribunal and official of the Department where the deceased was working was examined as a witness who corroborated and proved the salary slip. It is only thereafter that the Tribunal has computed the compensation.

8. It is further urged that there was no evidence led by the Insurance Company either to discredit the said salary slip or to raise any objection since no cross-examination on this point was done, hence, for the aforesaid reasons, the said plea may not be entertained for the first time before this Court.

9. The learned counsel for the claimants-respondents further submits that the Tribunal has properly appreciated the evidence and in absence of any contrary material, the findi