M.D., Tamil Nadu
State Transport Corpn. Vs. Susheela Bai & ANR.
[Civil Appeal
Nos.10086-10087 of 2011 (@ Special Leave Petition(C) Nos.12944-12945 of 2007[
[Civil Appeal
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;
NOVEMBER
23, 2011
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