Allowed

M/S Arora Construction Co. Pvt. Ltd. v. Commissioner, Employee'S Compensation and Ors.

Delhi HC8 Feb 2018FAO/49/2016

Case brief

AI extract

What is this about?

The High Court of Delhi disposed of a compromise appeal wherein the appellant agreed to pay the remaining compensation sum. The court approved the terms of settlement, directed disbursement to legal heirs, and ordered release of residual deposit.

What did the court decide?

Balance compensation of Rs. 2,68,000/- to be disbursed to Class I legal heirs; residual deposit released to appellant.

M/S Arora Construction Co. Pvt. Ltd. Vs… — Pension and Retirement Benefits | Delhi HC (2018)

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$~21

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO 49/2016 & CM APPL. 22145/2016

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M/S ARORA CONSTRUCTION CO PVT LTD

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..... Appellant

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Through: Mr. Sumit Arora and Mr. Prashant Mehra, Advocates.

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versus

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COMMISSIONER, EMPLOYEE'S COMPENSATION AND ORS

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..... Respondents

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Through: Mr. Sanjeev Kumar Singh, Advocate for R-2 to R-5.

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CORAM:

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HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R

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% 08.02.2018

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After some arguments, the learned counsel for the parties state upon instructions that the appeal can be disposed-off on the terms that: an amount of Rs. 2.5 lacs towards compensation alongwith interest plus on the unpaid amount of Rs. 2.48 lacs w.e.f. 23.07.2009 @ 12% per annum is paid to the claimants. Additionally, a penalty of Rs. 1,78,560/- is to be deposited as per section 4A(3) of the Workmen’s Compensation Act, 1923, which stipulates that in the event of default of payment of compensation, a penalty “not exceeding 50%” of the unpaid amount can be levied on the employer. Rs. 2 lacs had already been paid by the employer/appellant to the claimant/respondent. Since the respondents have been involved in litigation for quite some time, hence, costs of Rs. 10,000/- shall be paid to them.

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Therefore, the parties have agreed that the claimants shall be entitled to an amount of Rs. 4,48,000/- towards compensation; the aforesaid interest

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of Rs. 1,78,560/- and penalty of Rs. 71,440/- plus Rs. 10,000/- towards costs. In all Rs.7,08,000/-.

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It is not in dispute that the respondents have been disbursed an amount of Rs. 4,40,000/- by the Commissioner, Employees’ Compensation. Hence, an amount of Rs. 2,68,000/- remains to be paid to them. This remaining amount shall be disbursed to the Class I legal heirs of the deceased workman, Mr. Sunil, in the same manner as Rs,4,48,000/- was disbursed earlier. After paying the said amount, the residual of the deposit made by the appellant shall be released to it.

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The appeal stands disposed-off in the above terms.

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NAJMI WAZIRI, J

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FEBRUARY 08, 2018 RW

M/S Arora Construction Co. Pvt. Ltd. v. Commissioner, Employee'S Compensation and Ors.

Case brief

What is this about?

What did the court decide?

M/S Arora Construction Co. Pvt. Ltd. v. Commissioner, Employee'S Compensation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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