THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR64944 of 1996 and C.M.P.No.14721 of 1996 The Managing Director, Pallavan Transport Corporation, Madras – 2. ... Appellant versus
1. A.Ravi
2. K.Krishnamurthy
3. United India Insurance Co. Ltd., 14, Whites Road, Madras – 600 014. ... Respondents
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 11.11.1994 made in M.C.O.P.No.180 of 1991 on the file of the Motor Accident Claims Tribunal (Chief Judge, Small Causes Court), Chennai.
For Appellant : Mr.K.J.Sivakumar For Respondents : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and Decree dated 11.11.1994 made in M.C.O.P.No.180 of 1991 on the file of the Motor Accident Claims Tribunal (Chief Judge, Small Causes Court), Chennai, which is pending in SR stage from the year 2004 onwards, i.e. exactly from 09.10.1996.
2. Despite pendency of appeal in SR stage for more than 20 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for more than 20 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 05.11.1990, the injured petitioner made a claim of Rs.1,50,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.25,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.25,000/-, which may appear to be excessive for the year 1994, 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. No costs. Consequently, C.M.P.No.14721 of 1996 is closed.
04.01.2017
TK/ogy To 1. The Motor Accident Claims Tribunal, (Chief Judge, Small Causes Court), Chennai
Dr.S.VIMALA, J.
TK/ogy C.M.A.No.SR64944 of 1996 and C.M.P.No.14721 of 1996 04.01.2017