1. By way of this appeal, the appellants have challenged judgment dated 04.04.2019, passed by the Court of learned Commissioner for Employee’s Compensation, Court No. 1, Paonta Sahib, District Sirmaur, H.P. in CIS Case No. 3/2015, titled as Cheekho Devi and another Vs. Himachal Pradesh State Electricity Board and another, in terms whereof, in a petition preferred under Section 4 of The Employee’s Compensation Act, 1923 by the contesting respondents herein, learned Commissioner granted the relief in the following manner:-

“12. In view of my aforesaid findings and discussion, the present petition is allowed with costs and the respondents are liable to pay compensation to the petitioner as the salary of the deceased is taken as Rs.8000/- p.m. for computation of compensation and 50% of the salary is Rs.4000/- and his age was 56 years, for which the relevant factor 131.95 would apply and the petitioner was entitled to compensation of Rs.5,27,800/- (Rs.4000x131.95=Rs.5,27,800) alongwith interest @12% p.a. which comes out to Rs.63,336/- (Rs.5,27,800x12/100=Rs.63,336/-) from the date of accident till realization which shall be paid jointly and severally by the respondents. The petitioners are also entitled 25% of compensation amount as penalty i.e. Rs.1,31,950/- and funeral charges of Rs.25000/- from the respondents. Memo of cost be prepared accordingly. File complete in all respect be consigned to record room.

Announced in the open Court on this 4th day of April, 2019.”

2. In the course of hearing of the case on 04.04.2022, the following order was passed:-

“Heard for some time. As prayed for, list for consideration on 27th April, 2022. On the next date of hearing, learned counsel for the parties to inform the Court whether the parties will be satisfied in case the penalty of Rs.1,31,950/- imposed upon the appellants under Section 4(A) of the Employee’s Compensation Act, 1923 is reduced to Rs.75,000/-.”

3. Today, Mr. T.S. Chauhan, learned counsel appearing for the appellants has handed over a Communication addressed to him by the Superintending Engineer (OP) Circle, HPSEBL Nahan, dated 18.07.2022, in terms whereof, learned counsel has been instructed to make a statement for accepting the proposal of paying penalty of Rs.75,000/- to the claimants against the sum of Rs.1,31,950/-.

4. Mr. Shyam Singh Chauhan, learned counsel appearing for the contesting respondents submits that he has instructions to state at the Bar that the said proposal is acceptable to the respondents.

5. In view of the above, this appeal is disposed of by modifying para-12 of judgment dated 04.04.2019, passed by the Court of learned Commissioners for Employee’s Compensation, Court No. 1, Paonta Sahib, District Sirmaur in CIS Case No. 3/2015, titled as Cheekho Devi and another Vs. Himachal Pradesh State Electricity Board and another, to the effect that the petitioners/claimants before the learned Court below are now held entitled to a sum of Rs.75,000/- as compensation amount as penalty, which was granted by the learned Court below as Rs.1,31,950/- by reducing the same, but without disturbing the other part of the award which has been announced by the learned Court below in favour of the claimants. On the request of Mr. Chauhan, it is ordered that out of the amount which has been deposited by the appellants before the learned Commissioner against the sum of Rs.1,31,950/-, an amount of Rs.75,000/- only be released in favour of the claimants and the remaining amount be released in favour of the appellants herein alongwith interest. Miscellaneous applications, if any, also stand disposed of.