M.D., TAMIL NADU STATE TRNASPORT CORPN. Vs SUSHEELA BAI
Bench: H.L. DATTU,CHANDRAMAULI KR. PRASAD
Case number: C.A. No.-010086-010087 / 2011
Diary number: 16317 / 2007
Advocates: S. THANANJAYAN Vs
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.10086-10087 OF 2011 (@ SPECIAL LEAVE PETITION(C)NOS.12944-12945 OF 2007
M.D., TAMIL NADU STATE TRNASPORT CORPN. APPELLANT
VERSUS
SUSHEELA BAI & ANR. RESPONDENTS
WITH
CIVIL AAPPEAL NOS.10088-10089 OF 2011 (@ SPECIAL LEAVE PETITION(C)NOS.6500-6501/2008
O R D E R
1. Leave granted. 2. The First set of Civil Appeals i.e. Civil Appeals arising
out of Special Leave Petition(C)Nos.12944-12945 of 2007 are filed by
the Tamil Nadu State Transport Corporation and the second set of
Civil Appeals i.e. Civil Appeals arising out of Special Leave
Petition (C)Nos.6500-6501 of 2008 are filed by the claimant.
3. In the first set of Civil Appeals, the stand of the
appellant is that the amount of compensation awarded by the Motor
Accident Claims Tribunal and the High Court is excessive and,
therefore, the same requires to be modified/reduced.
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4. In the second set of Civil Appeals, the appellant claims that
she is entitled for higher compensation.
5. After hearing the matter for some time, we had suggested to
learned counsel appearing for the parties to the lis to explore the
possibility of settling the dispute instead of inviting a decision
from this Court. Both of them had sought time to get instructions
from their clients.
6. On receiving instructions from their clients, the learned
counsel has filed a memo of calculation which is agreed upon by both
the parties. The memo is taken on record.
7. In view of the above, we do not intend to go into the merits or
de-merits of the respective case(s) of the parties.
8. Taking into consideration the peculiar facts and circumstances
of these cases, we dispose of these appeals by directing the
Corporation to pay a sum of Rs.19,27,125/- with 8% interest p.a. to
the claimants from the date of the filling of the petition after
deducting the amount of compensation already deposited before the
Motor Accident Claims Tribunal. The direction issued by us shall be
carried out by the Corporation as early as possible, at any rate,
within 45 days from today.
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9. Appeals are disposed of accordingly. No costs.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI; NOVEMBER 23, 2011