Delhi High Court
M/S Clear Secured Services (P) Ltd vs Santosh Kumar Mehta on 18 May, 2021
$~24
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.05.2021
+ FAO 191/2019 & CM APPL.20736-37/2019, 15522-23/2021 &
16551/2021
M/S CLEAR SECURED SERVICES (P) LTD ..... Appellant
versus
SANTOSH KUMAR MEHTA .....Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Aseem Mehrotra, Advocate.
For the Respondent: Mr. Shivam Bajaj, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
FAO 191/2019 & CM APPL.16550/2021
1. The hearing was conducted through video conferencing.
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.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:18.05.2021
FAO 191/2019 Page 1
Signing Date:18.05.2021 21:16:10 20:27
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:18.05.2021
FAO 191/2019 Page 2
Signing Date:18.05.2021 21:16:10 20:27
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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/rk
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:18.05.2021
FAO 191/2019 Page 3
Signing Date:18.05.2021 21:16:10 20:27
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
