23 November 2011
Supreme Court
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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


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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