THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR72470 of 2005 and C.M.P.No.19618 of 2005 Prayer in C.M.P.No.19618 of 2005 : This petition filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking condonation of delay of 80 days in filing the appeal Prayer in C.M.A.No.SR72470 of 2005 : This appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 13.01.2005 passed in O.P.No.759 of 2002 on the file of the Motor Accident Claims Tribunal (Additional Sub Judge), Cuddalore.
For Appellant : Mr.D.Baskaran For R1 to R4 : No appearance JUDGMENT This Civil Miscellaneous Appeal has been filed by the appellant, challenging the judgment and decree dated 13.01.2005 passed in O.P.No.759 of 2002 on the file of the Motor Accident Claims Tribunal (Additional Sub Judge), Cuddalore, which is pending in SR stage from the year 2005 onwards, i.e. exactly from 06.09.2005.
2. Despite pendency of appeal in SR stage for 16 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 16 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of injuries due to the accident, that had taken place on 16.04.2002, the injured petitioner made a claim of Rs.7,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.93,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.93,000/-, which does not appear to be excessive even in the year 2005. Therefore, the compensation awarded by the Tribunal cannot be said to be excessive. Furthermore, the compensation awarded is hardly adequate in the face of spiraling inflation and surge in cost of living. Inflation is naturally compounding, and a relentless destroyer of the value of money. The same is supported by the decision of the Hon'ble Supreme Court in the case of Rathi Menon v. Union of India 2001 (2) KLT 12: (2001 AIR SCW 1074), wherein it has been held that when injuries occurred due to accidental falling of a person, considering the value of money etc., compensation shall be payable on the basis of rules prevailing at the time of making the final order for payment of compensation and not on the money value which prevailed on the date of accident.
6. In view of the same, the amount awarded by the Tribunal cannot be said to be excessive. Therefore, the Civil Miscellaneous Appeal is dismissed at the SR stage itself. Consequently, C.M.P.No.19618 of 2005 is closed.
04.01.2017
ogy To 1. The Motor Accident Claims Tribunal (Additional Sub Judge), Cuddalore.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR72470 of 2005 and C.M.P.No.19618 of 2005 04.01.2017