THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR78471 of 2005 and C.M.P.No.4668 of 2006 The Managing Director, Tamil Nadu State Transport Corporation, Kancheepuram Depot, Kancheepuram. ... Appellant versus M.Ponnuswamy ... Respondent
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 24.02.2005 made in M.C.O.P.No.554 of 2002 on the file of the Motor Accident Claims Tribunal, Sub-Court, Cheyyar.
For Appellant : Mr.P.G.Padmanabhan For Respondent : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 24.02.2005 made in M.C.O.P.No. 554 of 2002 on the file of the Motor Accident Claims Tribunal, Sub-Court, Cheyyar, which is pending in SR stage from the year 2005 http://www.judis.nic.inonwards, i.e. exactly from 26.09.2005.
2. Despite pendency of appeal in SR stage for 12 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 12 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 05.06.2002, the injured made a claim of Rs.5,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.1,78,560/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.1,78,560/-, which may appear to be excessive for the year 2005, 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. C.M.P.No. 4668 of 2006 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 9% p.a. from the date of petition till the order date and interest at the rate of 6% p.a. from the date of order 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 the same.
04.01.2017 msm To The Motor Accident Claims Tribunal, Sub-Court, Cheyyar.
Dr.S.VIMALA, J.
msm C.M.A.No.SR78471 of 2005 and C.M.P.No.4668 of 2006 04.01.2017