THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR43174 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam Town, Kumbakonam. ... Appellant versus Dinesh – Minor rep. by his father and natural guardian Mr.Kaliamoorthy. ... Respondent Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 29.01.2008 made in M.C.O.P.No.212 of 2006 on the file of the Motor Accident Claims Tribunal, Thiruvarur.
For Appellant : Mr.N.Anand For Respondent : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and Decree dated 29.01.2008 made in M.C.O.P.No.212 of 2006 on the file of the Motor Accident Claims Tribunal, Thiruvarur, which is pending in SR stage from the year 2009 onwards, i.e.
http://www.judis.nic.inexactly from 10.06.2009.
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 injuries due to the accident, that had taken place on 25.11.2003, the injured made a claim of Rs.2,00,000/-. 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 2009, 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. 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 claimant is permitted to withdraw his share as per the apportionment made by the Tribunal. The minor claimant would have attained majority as of now. Hence, the Tribunal shall permit him to withdraw his share as per the apportionment, on production of necessary documents with regard to age proof.
04.01.2017 msm To The Motor Accident Claims Tribunal, Thiruvarur.
Dr.S.VIMALA, J.
msm C.M.A.No.SR43174 of 2009 and M.P.No.1 of 2009 04.01.2017