THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.SR35216 of 2009 and M.P.No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Division-I, 3/137, Sulai Meddu, Vallutharaeddy, Villupuram – 605 602. ... Appellant/Respondent versus S.Ramalingam ... Respondent/Petitioner Prayer in C.M.A.No.SR35216 of 2009 : This appeal filed under Section 30 of Workmen's Compensation Act, against the order dated 30.01.2009 passed in W.C.No.544 of 2007 on the file of the Deputy Commissioner of Labour-II, Chennai.
Prayer in M.P.No.1 of 2007 : This petition filed under Section 30(1) of Workmen's Compensation Act, seeking condonation of delay of 29 days in preferring the appeal.
For Appellant : Mr.K.J.Sivakumar For Respondent : No appearance JUDGMENT The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the order dated 30.01.2009 passed in W.C.No.544 of 2007 on the file of the Deputy Commissioner of Labour-II, Chennai, which is pending in SR stage from the year 2009 onwards, i.e. exactly from 17.09.2009.
2. Despite pendency of appeal in SR stage for 7 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 7 years at the SR stage, it is taken up for disposal at the SR stage itself.
4. In respect of injuries due to the accident, that had taken place on 03.09.2007, the injured petitioner made a claim of Rs.4,00,000/-. As against the claim made, the Deputy Commissioner of Labour has awarded a sum of Rs.1,92,769/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.1,92,769/-, which may appear to be excessive for the year 2009, 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, M.P.No. 1 of 2011 is closed.
04.01.2017
ogy To 1. The Deputy Commissioner of Labour-II, Chennai.
Dr.S.VIMALA, J.
ogy C.M.A.No.SR35216 of 2009 and M.P.No.1 of 2011 04.01.2017