THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR103563 of 2011 and M.P.No.1 of 2012 The Managing Director, Tamil Nadu State Transport Corporation Limited, Salaimedu, Villupuram Division, Thiruvannamalai District. ... Appellant / 2nd Respondent versus
1. Dhandapani ... 1st Respondent/Petitioner
2. The Managing Director, Karnataka State Road Transport Corporation, K.H.Road, Shanthi Nagar, Bangalore – 27. ... 2nd respondent/1st respondent Prayer in C.M.A.No.SR103563 of 2011 : This appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 18.07.2011 made in M.C.O.P.No.35 of 2008 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Tiruvannamalai.
Prayer in M.P.No.1 of 2012 : This Petition filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking condonation of delay of 12 days in preferring the appeal.
For Appellant : Mr.K.J.Sivakumar For R-1 : No appearance For R-2 : Mr.T.Thiagarajan JUDGMENT The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 18.07.2011 made in M.C.O.P.No.35 of 2008 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Tiruvannamalai, which is pending in SR stage from the year 2011 onwards, i.e. exactly from 25.11.2011.
2. Despite pendency of appeal in SR stage for 6 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 6 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of the injuries sustained in the accident, the injured petitioner made a claim of Rs.30,000/-. As against the claim made, the Tribunal has awarded a sum of 15,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.15,000/-, which may appear to be excessive for the year 2006, 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 at the SR stage itself. Consequently, M.P.No. 1 of 2007 is closed.
04.01.2017
ogy To 1. The Motor Accident Claims Tribunal, (Chief Judicial Magistrate), Tiruvannamalai.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR103563 of 2011 and M.P.No.1 of 2012
04.01.2017