M.D., TAMIL NADU STATE TRNASPORT CORPN. v. SUSHEELA BAI & ANR. [2011] INSC 1172 (23 November 2011)

Judgement

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

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.

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.

9. Appeals are disposed of accordingly. No costs. .......................J.

(H.L. DATTU) .......................J.

(CHANDRAMAULI KR. PRASAD) NEW DELHI;