http://www.judis.nic.in The Insurance Company has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 17.02.2003 made in M.A.C.T.O.P.No. 198 of 1993 on the file of Motor Accident Claims Tribunal (Addl. District Court), Dharmapuri. , which is pending in SR stage from the year 2003 onwards i.e. exactly from 15.09.2003.
2. Despite pendency of appeal in SR stage for 14 years, no steps have been taken to get it numbered.
3. Since the appeal is pending for 14 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of the death of the deceased due to accident,that had taken place on 08.05.1992 the legal heirs of the deceased made a claim of Rs.19,58,000/-. As against the Claim made, the Tribunal has awarded a sum of Rs.4,66,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.4,66,000/-
, which may appear to be excessive for the year 1993, 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 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., http://www.judis.nic.in 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, confirming the award passed by the Tribunal. No Costs. Consequently, C.M.P.Nos.14416 of 2004 are 13528 of 2004 are closed.
31.01.2017 arr/ogy To The Motor Accident Claims Tribunal (Addl. District Court), Dharmapuri.
DR.S.VIMALA, J
arr/ogy CMA.Sr.No.92833 of 2003 and C.M.P. No.14416 of 2004 31.01.2017