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2025 DAILYLAW 3046 (CHH)

Sunil Bali v. Semlal

MAC/78/2018 · 2025-01-29

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:5406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 78 of 2018 1 - Sunil Bali S/o Late Shri B. S. Bali Aged About 61 Years R/o Railway Pump House Road, Mandir Chowk, Police Station Torwa, Distt. Bilaspur Chhattisgarh, Chhattisgarh --- Appellant versus 1 - Semlal S/o Ramcharan Aged About 58 Years R/o Dhanoli Badikhar Tahsil Pendra Road, District Bilaspur Chhattisgarh, Chhattisgarh 2 - Vicky Mehta Aged About 52 Years R/o Old Gaurella, Amarkantak Road, Near Goyal Petrol Pump, Police Station Gaurela, Tahsil Pendra, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondents MAC No. 57 of 2018 1 - Semlal S/o Shri Ramcharan Aged About 58 Years R/o Dhanoli Badikhar, Tehsil Pendra Road, District Bilaspur, Chhattisgarh. ...........Claimant, Chhattisgarh ---Appellant Versus 1 - Sunil Bali S/o Late Shri B. S. Bali Aged About 61 Years R/o Railway Pump House Road, Mandi Chowk, Police Station- Torwa Bilaspur, Chhattisgarh., Chhattisgarh 2 - Vicky Mehta R/o Old Gaurela, Amarkantak Road, Near Goyal Petrol Pump, Police Station- Gaurela, Tehsil Pendra, District Bilaspur, Chhattisgarh. , District : Bilaspur, Chhattisgarh --- Respondents For Appellant in MAC No. 78 of 2018 and For Respondent No. 1 in MAC No. 57 of 2018 : Mr. S. P. Kale, Advocate BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.02.13 10:42:24 +0530 2 For Respondents in MAC No. 78 of 2018 and For Appellant in MAC No. 57 of 2018 : Mr. Raj Kumar Pali, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 29.01.2025 1. Since both the MAC involve common question of law and facts, they are heard analogously and are being disposed of by this common order. 2. Miscellaneous Appeal No. 78/2018 has been filed by the employer under Section 30 of the Workmen Compensation Act, 1923 (for short “the Act, 1923”) against the award dated 13.11.2017 passed by the learned Commissioner for Employees Compensation Act, Labour Court, Bilaspur (C.G.) in Case No. 46/EC Act/2013 (Non Fatal) in case of Semlal Vs. Vicky Mehta & other by which the learned Commissioner has passed the award in favour of the claimant. The MAC No. 57/2018 has been preferred by the claimants for enhancement of the compensation. 3. The appeal of the employer has been admitted by this Court on 16.01.2018 and an interim order was passed which was modified on 19.09.2023 allowing the claimant to withdraw 50% of the awarded amount. 4. During pendency of the appeal, the appeals were referred to the Mediation Center by this Court and before mediation the parties have agreed to resolve their dispute on following terms: ^*1- ;gfd mRrjoknh dza 1 Jh lquhy ckyh vihykFkhZ Jh lseyky dks :i;s 61]294@& ¼bdlB gtjh nks lkS pkSjkUcs :i;s ek=½ dh jkf’k Jh lseyky ds vkbZ-Mh-ch-vkbZ- cSd [kkrk dza- 1763104000093028 Address- Pamra Lalpur Anuppur (M.P.) Pin 484886 Customer ID 3 99208722 esa dy fnukad 30-01-2025 dks vkj-Vh-th-,l- ;k ,u-bZ-,Q-Vh- ds ek/;e ls varfjr djsxsaA 2- ;gfd mRrjoknh dza- 1 Jh lquhy ckyh }kjk ekuuh; U;k;ky; & vk;qDr] deZpkjh {kfriwfrZ vf/kfu;e] Je U;k;ky;] fcykliqj ¼N-x-½ izdj.k dza- &46@bZ0lh0,DV0@2013 ¼uku QSVy½ esa tks tek dh xbZ jkf’k esa ls ‘ks”k jkf’k dks vihykFkhZ Jh lseyky izkIr djus dk vf/kdkjh gksxk ftlesa mRrjoknhx.k dks dksbZ vkifRr ugh gSA 3- ;gfd mijksDr le>kSrs ds vk/kkj ij vihykFkhZ ,oa mRrjoknh }kjk ekuuh; mPp U;k;ky; esa is’k fd;s x;s izdj.k MAC No. 78/2018 Link MAC No. 57/2018 (Sunil Bali Vs. Semlal) dks lekIr djus gsrq lger gS o vkxs Hkh fdlh Hkh izdkj dk okn ;k izdj.k nk;j ugha djsxsA^* 5. Since the parties have already settled their dispute, therefore, these appeals are disposed of in terms of settlement arrived at between the parties in both the cases. 6. The appellant Sunil Bali in MAC No. 78 of 2018 is directed to withdraw the excess amount deposited with the Commissioner as it has been informed that the claimant has already withdrawn 50% of the amount so deposited by the employer in view of modified interim order dated 19.09.2023. 7. With the aforesaid observation, these appeals are disposed of. 8. The interim order passed by this Court stands vacated. Sd/- (Narendra Kumar Vyas) Judge Bhumika