THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR56666 of 1994 and C.M.P.No.11345 of 1995 The Superintendent, Government Kasthuriba Hospital for Women and Children, Madras. ... Appellant / Respondent versus Showkath Ali ... Respondent / Petitioner Prayer in C.M.A.No.SR56666 of 1994 : This appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 19.02.1993 made in M.C.O.P.No.2246 of 1989 on the file of the Motor Accident Claims Tribunal, Small Causes Court, Madras.
Prayer in C.M.P.No.11345 of 1995 : This petition filed under Section 149 C.P.C. Seeking condonation of delay of 215 days in paying the Court fee of Rs.74/-.
For Appellant : M/s.Jayasree For Respondent : No appearance JUDGMENT This Civil Miscellaneous Appeal has been filed by the appellant challenging the Judgment and Decree dated 19.02.1993 made in M.C.O.P.No.2246 of 1989 on the file of the Motor Accident Claims Tribunal, Small Causes Court, Madras, which is pending in SR stage from the year 1995 onwards, i.e. exactly from 23.08.1995.
2. Despite pendency of appeal in SR stage for 21 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 21 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 03.02.1988, the injured petitioner made a claim of Rs.25,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.14,500/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.14,500/-, which does not appear to be excessive even in the year 1993. Therefore, 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.11345 of 1995 is closed.
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ogy To 1. The Motor Accident Claims Tribunal cum Small Causes Court-II, Chennai.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR56666 of 1994 and C.M.P.No.11345 of 1995
14.02.2017