THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR72462 of 2013 and M.P.No.1 of 2013 Metropolitan Transport Corporation Ltd., Represented by its Managing Director, No.2, Pallavan Salai, Chennai 600 002. ... Appellant versus 1.K.Krishnaveni 2.K.Bhavani 3.N.Anbumani 4.K.Santheetha 5.Minor.Manikandan
6. Minor.K.Dhanakodi ... Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 11.10.2010 made in M.C.O.P.No.100 of 2009 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Chengalpattu.
For Appellant : Mr.S.S.Swaminathan For Respondents : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 11.10.2010 made in M.C.O.P.No.100 of 2009 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate) Chengalpattu, which is pending in SR stage from the year 2013 onwards, i.e. exactly from 16.08.2013.
2. Despite pendency of appeal in SR stage for 3 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 3 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 02.12.2008, the legal representatives of the deceased made a claim of Rs.16,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.15,34,272/- as compensation.
5. The Motor Vehicles Act providing for compensation is aimed at providing socio economic justice and the procedure contemplated/time limit provided for disposal would indicate that there shall be quick, early and time bound disposal of the cases relating to claim for compensation.
The relevant Rules read as under:
(i) Rule 25(1) of the Tamil Nadu Motor Vehicle Accident Claims Tribunal Rules, 1989:
The claims Tribunal shall follow procedures of summary trial as contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for the purpose of adjudicating and awarding a claim under Chapter X of the Act.
(ii) Rule 25 (5) of the Tamil Nadu Motor Vehicle Accident Claims Tribunal Rules, 1989:
“The Claims Tribunal before whom an application for award of compensation on liability arising out of the provisions of Chapter X of the Act has been made shall dispose of such an application within 45 days from the date of receipt of such application.”
6. So far as the appeal is concerned, no time limit is provided under Section 173 of Motor Vehicle Act 1988. However, when when the time limit has been prescribed for the enquiry itself then its implied that the appeal should also be disposed of early.
7. From the relative comparison of the provisions with the docket entires, it is clear that the time line provided has not been followed leading to deprivation of lifetime to the claimants.
Dr.S.VIMALA,J
kkd
8. For the death of the deceased, earning a sum of Rs.15,195/-, with 6 dependents, the award of Rs.15,34,274/- is inadequate. Hence, there is no scope for interference on the quantum.
9. The compensation awarded by the Tribunal is only a sum of Rs.15,34,272/-. The amount of compensation awarded at Rs.15,34,272/- which may appear to be excessive for the year 2010, 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.
Therefore, this appeal is dismissed, confirming the award passed by the Tribunal. No costs. M.P.No1 of 2013 is closed.
04.01.2017 kkd To The Motor Accident Claims Tribunal, Chief Judicial Magistrate, Chengalpattu.
C.M.A.No.SR72462 of 2013 and M.P.No.1 of 2013 http://www.judis.nic.in