JUDGMENT 1. - By way of the instant writ petition, the petitioner-claimant has beseeched to set aside the order dated 13th February, 2007, whereby the Motor Accident Claims Tribunal, Rajgarh, District Alwar declined to take salary certificate on record. 2. Having heard learned counsel for the parties and carefully perused the impugned order as also the relevant material on record, it is noticed that the deceased Ramkripal Meena was working as Beldar in Central Public Works Department, who died in an accident. 3. Learned counsel for the petitioner canvassed that the claimant Moti Devi being uneducated and illiterate could not file the salary certificate of her husband along with the claim petition. Learned trial court has not assigned any reason for not taking the document on record. Hence, the impugned order, in the interest of justice, deserves to be set aside. 4. Learned counsel for the respondent contended that the petitioner did not file this certificate along with the claim petition and she did not give any reason as to why was the same not produced with the claim petition earlier. 5. Having considered the submissions made at the bar and carefully perused the relevant provisions of law, it is essential to record at the very outset that the provisions of CPC are not strictly applicable in motor accident claims cases. The court should remember that the amount of compensation in the cases of both death and injury, is reckoned on the basis of the income of the deceased or the injured. Undeniably and undisputably, the deceased was working as a Beldar, in Central Public Works Department. Unless his salary certificate comes on record, the Tribunal shall not be able to compute the amount of compensation rightly and justly. Merely for the reason that the said certificate was not filed earlier with the claim petition, the same cannot be declined to have been taken on record. If the salary certificate of the deceased is not taken on record, the court itself shall find difficulty in ascertaining the actual monthly income of the deceased and the claimant-petitioner thus, shall be deprived of seeking justice. That would be tantamount to scuttling the justice. Hence, in such cases, courts should not take a strict view and refrain from applying the provisions of CPC strictly. 6.
That would be tantamount to scuttling the justice. Hence, in such cases, courts should not take a strict view and refrain from applying the provisions of CPC strictly. 6. In view of above, the writ petition filed on behalf of the petitioner-claimant Moti Devi is allowed and the impugned order dated 13th February, 2007 stands set aside.Writ Petition Allowed. *******