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M/S.National Insurance Company ... vs Dhamas

Madras High Court|14 February, 2017

JUDGMENT / ORDER

The Insurance Company has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 09.12.1998 made in M.C.O.P.No.57 of 1998 on the file of the Motor Accident Claims Tribunal, Pondicherry, Karaikkal which is pending in SR stage from the year 1999 onwards, i.e. exactly from 31.08.1999.
2. Despite pendency of appeal in SR stage for 18 = years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 18 1/2 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 06.07.1997, the injured made a claim of Rs.1,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.10,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.10,000/-, which may appear to be excessive for the year 2001, 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.18139 of 2000 is closed.
15.02.2017 arr/ogy To
1. The Motor Accidents Claims Tribunal, Pondicherry, Karaikkal
2. The Section Officer, VR Section, High Court, Madras.
DR.S.VIMALA,J.
Arr/ogy C.M.A. No.Sr.37922 of 1999 and C.M.P.No.18139 of 2000 15.02.2017
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Title

M/S.National Insurance Company ... vs Dhamas

Court

Madras High Court

JudgmentDate
14 February, 2017