The owner of the bus and the Insurance Company has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 21.03.1980 made in M.A.C.T.O.P.No.159 of 1979 on the file of the Motor Accident Claims Tribunal (V Additional Subordinate Judge) Tiruchirapalli, which is pending in SR http://www.judis.nic.in stage from the year 1981 onwards, i.e. exactly from 17.01.1981.
2. Despite pendency of appeal in SR stage for 30 ½ years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 30 ½ years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of the injuries due to the accident, that had taken place on 08.09.1978, the injured made a claim of Rs.1,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.50,868/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.50,868/-, which may appear to be excessive for the year 1980, but not as of now, that is in the year 2017. 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 at the SR stage itself is dismissed. No costs. M.P.No.1 of 2009 is closed.
14.02.2017 arr/ogy DR.S.VIMALA,J.
Arr CMA.Sr.No.99178 of 1980 and C.M.P.No.14723 of 1981 04.10.2017