A. SANTHANAM Vs. J. RADHIKA

JUDGEMENT

(1.) This appeal has been taken up for hearing with the consent of both parties. The respondent/insurer have communicated their consent along with the consent of the counsel of the appellant/claimant which they have obtained through digital mode, namely, WhatsApp message. This court is satisfied with the consent expressed by both sides through such digital mode, given the peculiar circumstances created by the pandemic- COVID19.

(2.) This appeal has been filed by the legal representatives, for the death of a 54 year old person (deceased). The claim for Rs.6,00,000/- was lodged in the year 2010. We are now a decade beyond. An award of Rs.2,25,000/- by whatever means, appears to be meagre as of 2020. However, the benefit of efflux of time cannot be given in entirety, considering the pleadings on income and claim. It may not be improper to take note of the Amendment to Section 163-A - Second Schedule under The Motor Vehicles Act, 1988, as per which, a consolidated sum of Rs.5,00,000/- has been suggested by the Central Government Notification. However, this case may not get the benefit of this change since it came into force only from the year 2018 onwards.

(3.) In such circumstances, it may be appropriate to award Rs.4,50,000/- with interest from the date of filing of the claim petition which is in 2010, and it would amount to Just Compensation. The award for Rs.2,25,000/- with interest granted by the Tribunal stands doubled to Rs.4,50,000/- with interest.