The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and Decree dated 23.12.1999 made in M.C.O.P.No.332 of 1998 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Chidambaram, which is pending in SR stage from the year 2000 onwards, i.e. exactly from 18.12.2000.
2. Despite pendency of appeal in SR stage for more than 15 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for more than 15 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 29.06.1997, the injured petitioner made a claim of Rs.50,000/-. 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 1999, 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 dismissed, confirming the award passed by the Tribunal.
7. The Transport Corporation shall deposit the entire award amount, less the amount already deposited if any, along with interest at the rate of 12% p.a. from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant is permitted to withdraw the same. No costs. Consequently, C.M.P.No.19662 of 2005 is closed.
04.01.2017 TK/ogy To
1. The Motor accident Claims Tribunal (Additional Special Judge), Krishnagiri at Dharmapuri District.
Dr.S.VIMALA, J.
TK/ogy C.M.A.No.SR26925 of 2000 and C.M.P.No.19662 of 2005 04.01.2017