THE HONOURABLE Dr. JUSTICE S.VIMALA
The Managing Director, C.M.A.No.SR 19486 of 2010 and M.P.No. 3 of 2010 Tamil Nadu State Transport Corporation, Coimbatore Sub Division – I. ... Appellant versus
1. Kamakshi
2. Minor Saran Gowtham
3. Minor Abinaya
4. Jothimani (Minors are rep. By M.G. Kamathchi) ... Respondent C.M.A.No.SR19486 of 2010: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 14.07.2009 made in M.C.O.P.No. 688 of 2006 on the file of the Motor Accident Claims Tribunal and Principal Sub Judge, Tiruppur.
M.P.No.3 of 2010 : This petition filed under Section 173(1) of Motor Vehicles Act, 1988, seeking to condone the delay of 139 days in preferring the appeal against the award passed in M.C.O.P.No.688 of 2006 dated 14.07.2009 on the file of Motor Vehicles Accident Claims Tribunal and Principal Sub Judge, Tiruppur.
For Appellant : Mr. K. J. Sivakumar For Respondent : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 14.07.2009 made in M.C.O.P.No. 688 of 2006 on the file of the Motor Accident Claims Tribunal and Principal Sub Judge, Tiruppur, which is pending in SR stage from the year 2010 onwards, i.e. exactly from 01.03.2010.
2. Despite pendency of appeal in SR stage for 6 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 6 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of death due to the accident, that had taken place on 25.06.2006, the legal petitioner of the deceased made a claim of Rs.15,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.7,92,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.7,92,000/-, 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. Consequently, M.P.No.3 of 2010 is closed.
04.01.2017 ogy To 1.The Motor Accident Claims Tribunal, (Principal Sub Judge), Tiruppur.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR 19486 of 2010 and M.P.No. 3 of 2010 04.01.2017