THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR 25667 of 2001 and C.M.P.No. 12615 of 2001 Tamil Nadu State Transport Corporation (Coimbatore Division – II) Ltd., Rep. by its Managing Director, Chennimalai Road, Erode.7. ... Appellant versus
1. R. Mani
2. Minor R. Vijayalakshmi
3. Minor R. Latha Priyadarshini (R2 and R3 minors rep. by their mother and natural guardian R1)
4. R. Shanmugam
5. Perumal ... Respondent
Prayer: This Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 08.08.2000, made in M.C.O.P. No.18 of 2000 on the file of the Motor Vehicles Accident Claims Tribunal (Subordinate Judge of Bhawani), Erode District.
For Appellant : Mr. K.J.Sivakumar For Respondent : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 08.08.2000, made in M.C.O.P. No.18 of 2000 on the file of the Motor Vehicles Accident Claims Tribunal (Subordinate Judge of Bhawani), Erode District, which is pending in SR stage from the year 2001 onwards, i.e. exactly from 08.06.2001.
2. Despite pendency of appeal in SR stage for 15 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 15 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of the death due to the accident, that had taken place on 15.01.1996, the legal representative of the deceased made a claim of Rs.4,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,41,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,41,000/-, which may appear to be excessive for the year 2000, 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 is SR stage is rejected, confirming the award passed by the Tribunal. No costs. C.M.P. No.12615 of 2001 is closed.
04.01.2017 ogy/TK To The Motor Vehicles Accident Claims Tribunal, (Subordinate Judge of Bhawani), Erode District.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR 25667 of 2001 and C.M.P.No. 12615 of 2001 04.01.2017