ABHISHEK ENGINEERING PVT LTD Vs. SUMIBEN

JUDGEMENT

(1.) Heard learned Advocate Mr. Varun K. Patel on behalf of the appellant and learned Advocate Mr. Meet D. Kakadia with learned Advocate Mr. Aman A. Sama on behalf of the respondent.

(2.) By way of the present first appeal, the appellant has challenged judgment and order dtd. 19/2/2014 passed by the learned Commissioner under the Workmen Compensation Act , Bhuj-Kutch in Workman Compensation (Non-Fatal) Application No. 17 of 2008.

(3.) Learned Advocates for the parties would submit that the parties have reached a consensus inasmuch as the appellant being ready and willing to pay an amount of Rs.5,00,000.00 as full and final settlement of all claims of the respondent-claimant and whereas upon the respondent accepting the same, the appellant would not contest the first appeal whereas the respondent to forgo her claims with regard to any remaining amount. Learned Advocates would submit that the appellant has tendered an affidavit stating as much, dtd. 22/4/2023, whereby it is stated that the claimant may be permitted to withdraw an amount of Rs.4,07,304.00 which has been deposited with the Commissioner under the Workmen Compensation Act and Ex-Officio Labour Court, and whereas the remaining amount of Rs.92,696.00 will be paid to the appellant within a period of one month from the date of receipt of this order. Learned Advocate Mr. Kakadia has tendered an affidavit of the respondent, whereby the respondent has agreed to the said settlement and submitted that upon receiving the amount of Rs.5,00,000.00, she will not claim any further amount with respect to the award in question. Learned Advocates would further request that since the respondent is residing at Dahod and whereas she does not have any contact left at Gandhidham, therefore the amount deposited with the learned Court below at Gandhidham may be directed to be transmitted to this Court and whereas the respondent may be permitted to withdraw the amount from this Court.