THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR 71889 of 2006 and M.P.No. 1 of 2008 The Managing Director, Metropolitan Transport Corporation Ltd., Salem-7. ... Appellant versus
1. P. Arayee
2. Minor P. Nallamuthu
3. Minor P. Varaharaj
4. P. Pappathi
5. Minor P. Selvapandian
6. Minor P. Lakshmi
7. Minor P. Ganesan (Minors R2 & R3 rep by next friend mother the 1st Respondent Arayee) (Minor R5 to R7 are rep by next friend mother the 4th Respondent Pappathi). ... Respondent
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 07.10.2002 in M.C.O.P. No. 558 of 1999 on the file of the Motor Vehicles Accident Claims Tribunal (II Additional District Judge-cum-CJM) Salem.
For Appellant : Mr. P. Jagadeeswaran For Respondent : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 07.10.2002 in M.C.O.P. No. 558 of 1999 on the file of the Motor Vehicles Accident Claims Tribunal (II Additional District Judge-cum-CJM) Salem, which is pending in SR stage from the year 2006 onwards, i.e. exactly from 10.08.2006.
2. Despite pendency of appeal in SR stage for 10 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 10 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 24.11.1998, the legal representative of the deceased made a claim of Rs.5,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,41,600/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,41,600/-, which may appear to be excessive for the year 2002, 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 SR stage is rejected, confirming the award passed by the Tribunal. No costs. M.P.No.1 of 2008 is closed.
04.01.2017 ogy To The Motor Vehicles Accident Claims Tribunal and (II Additional District Judge-cum-CJM) Salem.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR 71889 of 2006 and M.P.No. 1 of 2008 04.01.2017