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Concessionaire further informed that instead of Extension of Concession NHAI to Period beyond the Termination date take with they would prefer monetary payment NHAI, HQ. on a quarterly basis. This was to avoid the effect of compounding.
Concessionaire requested that they are putting all efforts to collect toll from NHAI to registered vehicles not paying toll fee take up with and hence requested NHAI to take NHAI, HQ. compassionate view on this.

The Independent Consultant has submitted a report on loss of revenue due to concession granted to the Local Personal Traffic clearly indicating the modus of computing the same and arrived at the loss figures for the period from April 2009 to January 2010 and as the data for the period from June 2007 to March 2009 was not available with the Concessionaire, they have calculated the same by considering the number of registered vehicles available in their records for the period 2007-08, 2008-09 & 2009-10, they have arrived at the percentage of increase in the number of registered vehicles during this period as 75.80% in 2008-09 and 58% in 2009-10 and arrived at the loss to the Concessionaire trough Local Personal Traffic through back calculation from the available figures of 2009-10 by applying the percentage of increase in the registered vehicles and arrived at the loss as Rs.13.28 Lakhs for 2007-08 and Rs. 28.08 Lakhs for 2008-09 and Rs.36.90 Lakhs for 2009-10 and number of days extension to which the Concessionaire is entitle to was arrived at as 1.36 days for 2007-08 and 2.863 days for 2008-09 and 3.55 days for 2009-10 respectively without considering the compounding effect. A copy of the report submitted by the IC is enclosed for kind perusal (copy enclosed at Annexure-30). It is relevant to mention here that, no quantification of the Claim pertaining to local commercial traffic for which user fee is to be charged at 50% of the applicable fee, has been received from the Concessionaire.

The Concessionaire having heard brief content of the report confirmed that, they will upgrade the toll collection system software to be fully automated system by installation of "number recognition software". The Concessionaire, further informed that, instead of extension of concession period beyond the termination date they would prefer mandatory payment on quarterly basis as this would avoid the effect of compounding.

as well as the compounding effect thereof. JTR claimed a total period of 421.8 days extension in the concession period across both Toll Plazas.

40. By consent of parties, the learned Arbitral Tribunal, consisting of three learned members, came to be constituted on 31 May 2017.

41. Statement of Claim (SOC) was filed by the petitioner before the learned Arbitral Tribunal on 11 September 2017, along with exhibits number Ex. C-1 to C-88. Of these, Ex. C-26C was the covering letter dated 21 June 2017 1 , whereunder JTR had claimed a total of 421.8 days extension in the Concession Period. However, in computing the period of extension of Concession Period, for the purposes of Claim 4, JTR added, to the period of 421.8 days extension sought for the losses suffered between July 2007 and May 2017, additional extension of the Concession Period for not having been able to collect toll during the 881 days from the date of the PCOD (10 February 2004) till the date of the execution of the Supplementary CA (10 July 2006). Claims 2, 4 and 5 in the SOC alone are being considered in this judgment. They read thus: