THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR88762 of 2011 and M.P.No.1 of 2013 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimbatore Division – I, 37, Mettupalayam Road, Coimbatore. ... Appellant / Petitioner versus
1. S.Kumarasamy K.Muthupavathal (Deceased)
2. Minor T.Hamsanandhini (Minor is rep. by Meternal Grandmother R.Nagarathinam)
3. K.Jayapal
4. Y.Nirmala
5. Minor Y.Dhyneswaran
6. Minor Y.Yogeswaran (Minors are rep. by mother Y.Nirmala)
7. P.Yesudass (R7 is given up) ... Respondents/Respondents Prayer in C.M.A.No.SR88762 of 2011 : This appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and Decree dated 04.07.2006 passed in M.C.O.P.No.174 of 2005 on the file of the Additional District Judge, Fast Track Court No.I, Motor Accident Claims Tribunal, Erode.
Prayer in M.P.No.1 of 2013: This petition filed under Section 173(1) of Motor Vehicles Act, seeking condonation of delay of 771 days in representing the appeal.
For Appellant : M/s.S.S.Swaminathan For Respondents : No appearance JUDGMENT The Civil Miscellaneous Appeal has been filed by the appellant, challenging the Judgment and Decree dated 04.07.2006 passed in M.C.O.P.No.174 of 2005 on the file of the Additional District Judge, Fast Track Court No.I, Motor Accident Claims Tribunal, Erode, which is pending in SR stage from the year 2013 onwards, i.e. exactly from 02.12.2013.
2. Despite pendency of appeal in SR stage for 4 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 4 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of death of one Yuvaraj due to the accident, that had taken place on 01.12.1999, the legal representative of the deceased made a claim of Rs.20,00,000/-. As against the claim made, the Tribunal has quantified the compensation at Rs.6,57,800/- and awarded Rs.3,28,900/- after deducting the amount for 50% contributory negligence.
5. The compensation awarded by the Tribunal is only a sum of Rs.3,28,900/-, which does not appear to be excessive even in the year 2006. Therefore, the compensation cannot be said to be excessive. Furthermore, 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, M.P.Nos.1 of 2013 and 1 of 2014 are closed.
04.01.2017
ogy To 1. The learned Additional District Judge, Fast Track Court No.I, Motor Accident Claims Tribunal, Erode.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR88762 of 2011 and M.P.No.1 of 2013 04.01.2017