THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR59978 of 1995 and C.M.P.No.13784 of 1995 M/s.United India Insurance Co. Ltd., Mount Road Branch, Madras. ... Appellant versus
1. Rani Ammal
2. S.Kothandaraman
3. Thiruvenkitasamy ... Respondents Prayer in C.M.A.No.SR59978 of 1995 : This appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and Decree dated 27.04.1995 made in M.C.O.P.No.4 of 1987 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruvannamalai.
Prayer in C.M.P.No.13784 of 1995 : This petition filed under Section 173(1) of Motor Vehicles Act, seeking condonation of delay of 10 days in filing the appeal.
For Appellant : Mr.N.Vijayaraghavan For Respondents : No appearance JUDGMENT The Civil Miscellaneous Appeal has been filed by the appellant, challenging the Judgment and Decree dated 27.04.1995 made in M.C.O.P.No.4 of 1987 on the file of the Motor Accident Claims Tribunal, Sub Court, Tiruvannamalai, which is pending in SR stage from the year 1995 onwards, i.e. exactly from 25.09.1995.
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 death of one Baskaran due to the accident, that had taken place on 03.06.1986, the legal representative of the deceased made a claim of Rs.1,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.50,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.50,000/-, which does not appear to be excessive even in the year 1995. Therefore, the compensation cannot be said to be excessive. Furthermore, 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.13784 of 1995 is closed.
14.02.2017
ogy To 1. The Motor Accident Claims Tribunal, Sub Court, Tiruvannamalai.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR59978 of 1995 and C.M.P.No.13784 of 1995 14.02.2017