THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR18873 of 2003 and C.M.P.No.7977 of 2003 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Division-II, Dharmapuri. ... Appellant versus
1. Tamil Selvi
2. Minor Gunasekaran
3. Minor Gunapriya
4. Minor Anandan (R2 to R4 minors rep. by natural guardian and mother R1)
5. Kandasamy Naidu
6. Pangajam. ... Respondents
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 05.03.2002 made in M.C.O.P.No.460 of 2001 on the file of Motor accident Claims Tribunal (Additional Special Judge), Krishnagiri at Dharmapuri District.
For Appellant : Mr.D.Venkatachalam For Respondents : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and Decree dated 05.03.2002 made in M.C.O.P.No.460 of 2001 on the file of Motor accident Claims Tribunal (Additional Special Judge), Krishnagiri at Dharmapuri District, which is pending in SR stage from the year 2003 onwards, i.e. exactly from 24.02.2003.
2. Despite pendency of appeal in SR stage for more than 12 years, no steps have been taken to get it numbered.
3. Since this appeal is pending for more than 12 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 29.01.2001, the legal representative of the deceased made a claim of Rs.7,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.5,54,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.5,54,000/-, 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 dismissed, confirming the award passed by the Tribunal.
7. The Transport Corporation shall deposit the entire award amount, less the amount already deposited if any, along with interest at the rate of 9% p.a. from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the major claimants are permitted to withdraw their share, as per the apportionment made by the Tribunal. The minor claimants would have attained majority as of now. Hence, the Tribunal shall permit them to withdraw their share, on production of necessary records. No costs. Consequently, C.M.P.No.7977 of 2003 is closed.
04.01.2017
TK/ogy
Dr.S.VIMALA, J.
TK/ogy To 1. The Motor accident Claims Tribunal (Additional Special Judge), Krishnagiri at Dharmapuri District.
C.M.A.No.SR18873 of 2003 and C.M.P.No.7977 of 2003 04.01.2017