THE HON'BLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR47268 of 2004 in M.P.No.4 of 2009 M/s.New India Assurance Co. Ltd., Pondicherry ... Appellant ..vs..
1. Kasi Ammal
2. Meenatchi ... Respondents (R2 remained ex parte in the Tribunal) Prayer in C.M.A.No.SR47288 of 2004: Appeal filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and Decree dated 10.04.2003 made in M.C.O.P.No.822 of 2000 on the file of the Motor Accident Claims Tribunal (Principal Subordinate Judge) at Tindivanam.
Prayer in M.P.No.4 of 2009 in C.M.A.No.SR47268 of 2004: Petition filed under Section 173(1) of Motor Vehicles Act, 1988, praying to condone the delay of 1510 days in payment of deficit Court Fees.
For Appellant : M/s.R.Sreevidhya For R1 : M/s.Dhanyakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant challenging the Judgment and Decree dated 10.04.2003 made in M.C.O.P.No.822 of 2000 on the file of the Motor Accident Claims Tribunal (Principal Subordinate Judge) at Tindivanam, which is pending in SR stage from the year 2008 onwards, i.e. exactly from 09.06.2008.
2. Despite pendency of appeal in SR stage for 9 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 9 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 23.06.2000, the injured petitioner made a claim of Rs.3,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.1,60,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.1.60,000/-, which may appear to be excessive for the year 2003, 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 is dismissed at the SR stage itself. Consequently, C.M.P.No.4 of 2009 is closed.
15.02.2017 Index : Yes / No ogy/GLN To 1. The Motor Accident Claims Tribunal (Principal Subordinate Judge) Tindivanam.
Dr.S.VIMALA, J.
ogy/GLN C.M.A.No.SR47268 of 2004 in M.P.No.4 of 2009 15.02.2017