THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.SR16723 of 2009 and M.P.No.2 of 2009 Managing Director, Tamil Nadu State Transport Corporation Salem Ltd., Bharathipuram, Salem Main Road, Dharmapuri. ... Appellant versus
1. Vasantha
2. Minor Murugesan
3. Minor Radhika
4. Minor Ambika
5. Minor Amisaveni
6. Minor Amsaraj
7. Minor Mayilraj 8.Maran 9.Marakkal ... Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 13.06.2008 made in M.C.O.P.No.272 of 2006 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Dharmapuri.
For Appellant : Mr.S.S.Swaminathan For Respondents : No appearance
JUDGMENT
The Transport Corporation has filed this Civil Miscellaneous Appeal, challenging the Judgment and decree dated 13.06.2008 made in M.C.O.P.No.272 of 2006 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Dharmapuri, which is pending in SR stage from the year 2009 onwards, i.e. exactly from 09.04.2009.
2. Despite pendency of appeal in SR stage for 7½ years, no steps have been taken to get it numbered.
3. Since this appeal is pending for 7½ 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 13.05.2005, the legal representatives of the deceased made a claim of Rs.10,00,000/-. As against the claim made, the Tribunal has awarded a sum of Rs.5,57,000/- as compensation.
5. The compensation awarded by the Tribunal is only a sum of Rs.5,57,000/-, which may appear to be excessive for the year 2008, 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 at the SR stage itself is dismissed, confirming the award passed by the Tribunal. No costs. M.P.No.2 of 2009 is closed.
04.01.2017 vga/ogy To The Motor Accident Claims Tribunal, Additional District Judge, Dharmapuri.
Dr.S.VIMALA, J.
vga/ogy C.M.A.No.SR16723 of 2009 and M.P.No.2 of 2009 04.01.2017