Lob Chand vs Manager, Shri Dayal Shah Kila ...
2021 Latest Caselaw 18950 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 265/2019 Manager, Shri Dayal Shah Kila Trust, Opp. Sub Jail Rajsamand, Rajnagar, District Rajsamand.

----Petitioner Versus Lobh Chand S/o Shri Raj Mal Salvi, Koyad, Tehsil And District Rajsamand.

----Respondent Connected With S.B. Cross Objection (Civil) No. 72/2021

Lobh Chand S/o Rajmal Salvi, Aged About 63 Years, Koyad, Tehsil And District Rajsamand.

----Petitioner Versus Manager, Shri Dayal Shah Kila Trust, Opposite Sub Jail, Rajsamand, Rajnagar, Dis. Rajsamand

----Respondent

For Petitioner(s) : Mr. Rajesh Shah For Respondent(s) : Mr. Mridul Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

13/12/2021

The present misc. appeal has been filed by the employer

assailing the judgment and award dated 16.03.2017 whereby the

compensation to the tune of Rs.1,21,996 has been awarded to the

respondent-employee Lobh Chand with the interest @ 12% P.A.

from the date of incident i.e. 24.01.2005.

The respondent-employee has also filed cross-objection

against the findings recorded against him in the impugned

judgment and award dated 16.03.2017.

(2 of 2) [XOBJC-72/2021]

Heard on appeal as also on cross-objection. Both are

admitted for hearing.

Since the respondent has put in appearance, therefore,

notice need not be issued.

Heard on stay application.

Counsel for the appellant submits that the principal amount

of compensation Rs.1,21,996/- has already been deposited before

Commissioner, Workmen Compensation and certified copy of

certificate of deposition is enclosed with the appeal, therefore,

further execution of the impugned award for recovery of the

interest amount at least may be stayed.

Counsel for the respondent-employee submits that the

deposited amount may be allowed to be disbursed.

Heard both the parties.

It is ordered that the principal amount of Rs.1,21,996/- so

deposited by the appellant-employer may be disbursed to the

respondent-employee within a period of four weeks. The execution

of the award dated 16.03.2017 for the recovery of interest amount

shall remain stayed during the course of appeal.

Stay application is disposed of.

The Tribunal after completion of proceeding of disbursement

of the amount in terms of above order, may send the record to

this Court.

(SUDESH BANSAL),J

111-Anshul/-

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