M/S Pyrotron (India) Pvt. Ltd. v. Kripa Nath Jha & ORS.
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 164/2017 M/S PYROTRON (INDIA) PVT. LTD.
..... Appellant Through:
Mr. O.P. Agarwal, Advocate.
versus KRIPA NATH JHA & ORS.
..... Respondents Through:
Mr. Gaurav Gupta, Adv. for R1 & R2.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
O R D E R
% 23.01.2019 CM No.1848/2019 1.
Both the learned counsel for the parties submit that initially the claim was filed before the Commissioner Employees' Compensation on 30.05.1997 by the widow, one minor son and one minor daughter of the deceased Raman Kishore Jha. During the pendency of the claim petition the widow of the deceased had expired and the father of the deceased was substituted as claimant No.1. During these proceedings, the minor daughter of the deceased had expired. By order dated 02.02.2017, the respondents No.1 and 2 were substituted in place of respondent No.3. The minor son of the deceased was 7 years of age at the time of filing the claim petition in the year 1997 and evidently he has attained the age of majority. Learned counsel for the respondent submits that the impugned award dated 25.09.2012 has already been satisfied by the appellant. On 15.04.2017, the Commissioner Employees Compensation has issued a notice under Section
4A of the Employees Compensation Act, 1923 (the Act) to the appellant. The respondents have agreed to receive a sum of Rs.1,50,000/- from the appellant in full and final settlement of all their claims under Section 4A of the Act.
2.
Pursuant to the settlement the petitioner has already paid a sum of Rs.1,50,000/- by cheque bearing No.000069 dated 11.1.2019 in favour of respondent No.1 which has been enchased. The copies of cheque and Bank Statement are placed on record.
3.
The learned counsel for the appellant submits that on issuance of the Recovery Certificate for recovery of the awarded amount, the premises No.M-173, Street No.11, Shastri Nagar, New Delhi-110052 was sealed by the Assistant Collector-1, Sub Divisional Magistrate, Kotwali Sub Division. As matter has been settled by the appellant with the respondents/claimants, the sealing order dated 01.11.2014 is set aside. The application stands disposed of accordingly.
4.
Order dasti under the signature of Court Master. VINOD GOEL, J.
JANUARY 23, 2019 "sandeep"