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The Managing Director vs R Kuppa Bai And Others

Madras High Court|31 January, 2017
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JUDGMENT / ORDER

The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and Decree dated 29.08.2000 made in O.P.No.87 of 1997 on the file of the Motor Accident Claims Tribunal (Sub Judge), Kancheepuram, which is pending in SR stage from the year 2001 onwards, i.e. exactly from 24.07.2001.
2. Despite pendency of appeal in SR stage for 16 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 16 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of death of one Rajaram due to the accident, that had taken place on 15.10.1996, the legal representatives of the deceased made a claim of Rs.6,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,47,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,47,000/-, which may appear to be excessive for the year 2000, 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. Consequently, C.M.P.No.6749 of 2006 is closed.
31.01.2017 ogy To The Motor Accident Claims Tribunal (Sub Judge), Kancheepuram.
Dr.S.VIMALA, J.
ogy C.M.P.No.6749 of 2006 in C.M.A.No.SR8555 of 2001 31.01.2017
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Title

The Managing Director vs R Kuppa Bai And Others

Court

Madras High Court

JudgmentDate
31 January, 2017
Judges
  • S Vimala