THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR.10802 of 2009 and M.P.No. 1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam Town, Kumbakonam ... Appellant versus
1. Dharmalingam
2. Savithiri
3. S. Muruganandham (Driver) (Set Exparte-hence given up) ... Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order dated 13.02.2006 made in M.C.O.P.No.125 of 2004 on the file of the Motor Accident Claims Tribunal, Karaikkal.
For Appellant : Mr.N. Anand For Respondent : No Appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the order dated 13.02.2006 made in M.C.O.P.No.125 of 2004 on the file of the Motor Accident Claims Tribunal, Karaikkal, which is pending in SR stage from the year 2009 onwards, i.e. exactly from 09.02.2009.
2. Despite pendency of appeal in SR stage for 8 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 8 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 11.04.2004, the legal representatives of the deceased made a claim of Rs.10,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,15,700/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,15,700/-, 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, confirming the award passed by the Tribunal. No costs. Consequently, connected M.P.No.1 of 2009 is closed.
7. The Transport Corporation shall deposit the entire award amount, less the amount already deposited, if any, along with interest at the rate of 7.5% 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 Judgment. On such deposit being made, the major claimants are permitted to withdraw their share as per the apportionment made by the Tribunal.
04.01.2017 lbm/ogy To:
The Motor Accident Claims Tribunal, Karaikal Dr.S.VIMALA, J.
lbm/ogy C.M.A.No.SR.10802 of 2009 04.01.2017