THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR109062 of 2004 and C.M.P.No.2443 of 2006 The Managing Director, Metropolitan Transport Corporation (Chennai Division-I) Limited,
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 13.01.2004 made in M.C.O.P.No.208 of 2002 on the file of the Motor Accident Claims Tribunal (Additional District Judge, FTC-1), Chengalpattu.
For Appellant : Mr.P.Jagadeeswarn For Respondent : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, http://www.judis.nic.inchallenging the Judgment and Decree dated 13.01.2004 made in M.C.O.P.No.208 of 2002 on the file of the Motor Accident Claims Tribunal (Additional District Judge, FTC-1), Chengalpattu, which is pending in SR stage from the year 2005 onwards, i.e. exactly from 09.02.2005.
2. Despite pendency of appeal in SR stage for more than 11 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for more than 11 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 25.01.1994, the legal representative of the deceased made a claim of Rs.2,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,00,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,00,000/-, which may appear to be excessive for the year 2004, 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, http://www.judis.nic.inconsidering 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.
7. The Transport Corporation shall deposit the entire award amount, less the amount already deposited if any, along with interest at the rate of 9% 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 order. On such deposit being made, the claimants are permitted to withdraw the same as per the apportionment made by the Tribunal. No costs. Consequently, C.M.P.No.2443 of 2006 is closed.
04.01.2017
TK/ogy To 1. The Motor Accident Claims Tribunal (Additional District Judge, FTC-1), Chengalpattu.
Dr.S.VIMALA, J.
TK/ogy C.M.A.No.SR109062 of 2004 and C.M.P.No.2443 of 2006 04.01.2017