The court emphasized the reconsideration of liability based on the validity of vehicle fitness certificates influenced by government orders during the pandemic.

JUDGMENT

Dated this the 23^rd day of February, 2026 This appeal is filed against the award dated 28.04.2025 in O.P.(MV) No.245 of 2021 passed by the Motor Accidents Claims Tribunal, Kollam.

2. The basic grievance voiced by the appellant herein is against the direction given by the Tribunal that the 2^nd respondent is entitled to recover the amount if any paid by it to the petitioners from the 1^st respondent/appellant. In this regard, it is contended that the accident occurred on 23.01.2021 at about 1.30 pm while the deceased was riding the motor cycle bearing Registration No.KL-16U-4449 from north to south along Kollam – Thiruvananthapuram National Highway. When the motorcycle reached near Sreeramapuram Junction, Parippally, the lorry bearing Registration No. TN-29AY-1523, driven by the appellant, allegedly in a rash and negligent manner and at a high speed, came from south to north and hit the motorcycle ridden by the deceased, as a result of which the deceased sustained serious injuries.

3. The Tribunal considered the issue and awarded an amount of Rs.16,53,500/- as compensation. For that the Tribunal has considered Exts.A1 to A10 and Exts.B1 to B5 documents.

4. It is further contended, on the strength of Annexures A1 and A2, that in Annexure A1, at Serial No. 3 under the column relating to the fitness certificate, it is stated that the certificate expired on 05.12.2020. However, by Annexure A2, an order issued by the Transport Department of Tamil Nadu, the validity of the fitness certificate was extended in view of the outbreak of the COVID-19 pandemic, as per G.O.(D) No. 833 dated 28.07.2021, wherein paragraph 7 reads as follows:

“The Government, after careful examination, have decided to accept the proposal of the Transport Commissioner and accordingly the Government extend the validity documents whose extension of validity could not be or not likely be, granted due to lock down and/or Covid-19 and which had expired since 01.02.2020 or will expire till 30.09.2021, the same may be treated to be valid till 30.09.2021. Enforcement authorities are advised to treat such documents valid till 30^th September, 2021. This will facilitate citizens in availing transport related services.”

5. It is contended by the learned counsel for the appellant that, although these contentions were raised before the Tribunal, the appellant could not produce the relevant documents for want of sufficient materials. It is in these circumstances that the Tribunal, upon finding a violation of the policy conditions, directed recovery of the amount from the appellant.

In such circumstances, I deem it appropriate to remand the matter for fresh consideration with respect to the liability fastened on the owner of the vehicle alone. If the liability is fastened on the appellant without considering the presumed validity in the light of G.O.(D) No.833 dated 28.07.2021, it will be an injustice to him. Accordingly, there will be a direction to the Tribunal to consider the contention in the light of the aforesaid Government Order and pass appropriate orders within a period of three months from the date of receipt of a certified copy of this judgment.

Sd/-