Full Text
HIGH COURT OF DELHI
JUDGMENT
16551/2021
M/S CLEAR SECURED SERVICES (P) LTD ….. Appellant
For the Petitioner: Mr. Aseem Mehrotra, Advocate.
Advocates who appeared in this case:
For the Respondent: Mr. Shivam Bajaj, Advocate.
1. The hearing was conducted through video conferencing. FAO 191/2019 & CM APPL.16550/2021
2. Appellant impugns order dated 04.01.2018 whereby the application filed by respondent seeking compensation for injury under the Employees Compensation Act, 1923 has been allowed. An amount of Rs.9,45,888/- along with interest at the rate of 12% per annum has been awarded to the respondent claimant. 2021:DHC:1622 FAO 191/2019 Page 2
3. Appellant has deposited a sum of Rs.13,90,461/- with this Court pursuant to order dated 30.07.2019.
4. Parties have settled their disputes and consequently the application under Order 23 Rule 3 CPC has been filed.
5. Application is signed by the authorised signatory of the appellant as well as by the respondent and supported by their respective affidavits.
6. As per the settlement, respondent has agreed to accept a sum of Rs.10 lakhs in full and final settlement of his claim.
7. I have perused the terms of the settlement and find the same to be lawful.
8. In view of the above, the impugned order dated 04.01.2018 is modified to the extent that the sum of Rs.10 lakhs shall be paid in full and final settlement of the claim of the respondent.
9. Out of the amount deposited by the appellant, a sum of Rs.3,47,615.25/- has already been released to the respondent pursuant to order dated 09.01.2020.
10. Consequently, a sum of Rs.6,52,384.75/- be released to the respondent. Remaining amount deposited by the appellant along with interest accrued thereon shall be refunded to the appellant. FAO 191/2019 Page 3
11. Parties shall provide the respective account details to the Registry and after due verification the amount shall be directly deposited in the personal accounts of the parties.
12. The appeal and the application are accordingly disposed of in the above terms.
13. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J. MAY 18, 2021