Saroj Jain @ Sweety v. Omi Khandelwal & Ors.

5 SAROJ JAIN @ SWEETY Appellant Through; Ms. Tabbassum Firdause, Adv. with appellant in person.

VERSUS

OMI KHANDELWAL & ORS Respondents Through: Mr. Krishna Kumar Pandey, Adv. for Rl. + FAQ 117/2017 & CMNo.9238/2017 OMI KHANDELWAL 6 M/S APNIDUNIYA NEWS PAPER (DAILY) Appellant Through: Mr. Krishna Kumar Pandey, Adv.

VERSUS

SAROJ @ SWEETY & ORS Respondents Through: Mr. Krishna Kumar Pandey, Adv. for R[2]. CORAM: HON'BLE MR.

JUSTICE J.R. MIDHA ORDER % 13.03.2018

1. The parties have challenged the order dated 08"^ August, 2016 whereby the Commissioner, Employees' Compensation awarded compensation of Rs.4,07,700/- along with interest @ 12% per annum w.e.f. 19^'^ October, 2006.

2. The appellant in FAO 117/2017 has challenged the impugned order on various grounds inter alia that the appellant was proceeded ex-parte and, therefore, could not contest the claim on merits. The appellant in FAO 2018:DHC:9156 551/2016 is seeking enhancement of the amount as well as imposition of penalty under Section 4(A)(3) oftheEmployee's Compensation Act.

3. The appellant in FAO 117/2017 deposited the entire compensation amount of Rs.4,07,700/- with the Commissioner, Employees' Compensation and the interest amount with the Registrar General of this Court in terms of the order dated March, 2017 and both the amounts have been disbursed to the claimant.

4. Learned counsel jfor the appellant in FAO 177/2017 submits that the appellant is ready and willing to pay penalty amount of Rs.1,99,998/- to the claimant in six equal monthly instalments of Rs.33,333/- each which is acceptable to the claimant, Saroj present in Court along with her counsel. Learned counsel for the appellant in FAO 117/2017 has handed over six post dated cheques for Rs.33,333/- each to the claimant, Saroj before the Court. The appellant is directedto file an undertaking within a period of four weeks from todayto the effect thatthe six post dated cheques handed over in Court today shall be honoured on their first presentation.

5. Both the appeals as well as the pending applications are disposed of in view of the payment of the compensation amount, interest as well as penalty amount to the claimant. The appellant in FAO 117/2017 shall remain bound by the undertaking to be filed. In the event of dishonour of any cheques, claimant Saroj would be at liberty to initiate appropriate proceedings for violation ofthe undertaking as well as recovery ofthe amount.

6. Copy of this order be given dasti to counsels for the parties under signature of Court Master. L MIDHA, J. MARCH 13,2018 ak