The Transport Corporation has filed this Civil Miscellaneous Appeal, http://www.judis.nicc.ihnallenging the Judgment and decree dated 25.02.1999 made in M.C.O.P.No. 234 of 1994 on the file of Motor Accident Claims Tribunal, North Arcot, Ambedkar District, Vellore., which is pending in SR stage from the year 1999 onwards i.e. exactly from 12.08.1998.
2. Despite pendency of appeal in SR stage for 18 years, no steps have been taken to get it numbered.
3. Since the appeal is pending for 18 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of the injuries due to accident,that had taken place on 07.03.1994 the injured petitioner made a claim of Rs.75,000/-. As against the Claim made, the Tribunal has awarded a sum of Rs.75,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.75,000/-, which may appear to be excessive for the year 1994, 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., 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 http://www.judis.nic.in 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.No.11897 of 2001 is closed.
31.01.2017 arr/ogy To The Motor Accident Claims Tribunal North Arcot, Ambedkar District, Vellore.
DR.S.VIMALA, J ogy/arr CMA.Sr.No.62044 of 1999 and C.M.P.No.11897 of 2001 31.01.2017