THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR106720 of 2011 and M.P.No.1 of 2012 The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Ltd., Tiruvannamalai Division, Tiruvannamalai. ... Appellant versus
1. S.Purusothaman (died)
2. Kumar ... Respondents (R2 was recognized as per the order in Memo dated 22.03.2011)
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 28.04.2011 made in M.C.O.P.No.528 of 2007 on the file of the Motor Vehicles Claims Tribunal (District Judge), Tiruvannamalai.
For Appellant : Mr.K.J.Sivakumar For R-2 : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and Decree dated 28.04.2011 made in M.C.O.P.No.528 of 2007 on the file of the Motor Vehicles Claims Tribunal (District Judge), Tiruvannamalai, which is pending in SR stage from the year 2011 onwards, i.e. exactly from 07.12.2011.
2. Despite pendency of appeal in SR stage for more than 5 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for more than 5 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 01.06.2002, the legal representatives of the deceased made a claim of Rs.5,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.2,88,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.2,88,000/-, which may appear to be excessive for the year 2011, 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, confirming the award passed by the Tribunal. No costs. Consequently, M.P.No.1 of 2012 is closed.
04.01.2017
ogy To 1. The Motor Vehicles Claims Tribunal (District Judge), Tiruvannamalai.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR106720 of 2011 and M.P.No.1 of 2012 04.01.2017