THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR78369 of 2008 and M.P.No.3 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Division – III, Kancheepuram. ... Appellant versus
1. K.Neelakandan,
2. Chithra,
3. Minor Sakthivel (Minor represented by his father and nature guardian 1st respondent) Nochimalai Village, Tiruvannamalai Taluk. ... Respondents
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 05.01.2007 made in M.C.O.P.No.904 of 2005 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Chengi.
For Appellant : Mr.N.Anand For Respondents : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, http://www.judis.nic.inchallenging the Judgment and decree dated 05.01.2007 made in M.C.O.P.No.904 of 2005 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Chengi, which is pending in SR stage from the year 2008 onwards, i.e. exactly from 08.10.2007.
2. Despite pendency of appeal in SR stage for 9 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 9 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 15.08.2005, the legal representatives of the deceased made a claim of Rs.15,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.9,46,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.9,46,000/-, which may appear to be excessive for the year 2007, 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.3 of 2008 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. The minor claimants would have attained majority as of now. Hence, the Tribunal shall permit them to withdraw their 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, Subordinate Court, Chengi.
Dr.S.VIMALA, J.
msm C.M.A.No.SR78369 of 2007 and M.P.No.3 of 2008 04.01.2017