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2019 Supreme(Kar) 554
IN THE HIGH COURT OF KARNATAKA
B. Veerappa, J.
Yamuna Channabasappa Shetty - Appellant
Vs.
K. Raghukumar @ Raghu - Respondent
Miscellaneous First Appeal No. 2509 of 2019
Decided On : 19-07-2019
Rajashekar K, Adv., Girish B. Baladare, Adv.
Headnote:
Civil Procedure Code,1908 - Section 151 - Rule 39 Workmens Compensation Rules, 1924 - Claims Tribunals - Compensation amount - Court contending that counsel for appellant by mistake deposited a sum by way of demand draft bearing drawn on Canara Bank Extension Branch before this Court without obtaining permission of this Court- Therefore present application is filed seeking permission to deposit said award amount- It is also prayed to direct registry to invest said amount in any nationalized bank –Held, Employees Claims Tribunal for which they were made which is a fundamental need for a smooth implementation of this well intentioned scheme - Payment advice for remittance of compensation is as Workmen Compensation shall ensure that as and when an order is passed for disbursal of compensation amount it will ensure that such disbursal of compensation shall be made directly to credit of bank account of claimant/victim as case may by NEFT or RTGS bank account details of claimant/victims shall be stated in award/order of Claims Tribunal case of minor claimants retain amounts in court deposit until they attain majority- Thereafter Claims Tribunal shall ensure deposit of their shares by Direct Bank/Benefit Transfers to accounts of parties who were minors- Wherever Claims Tribunal feels it appropriate to direct withdrawal of interest for benefit of minor interest shall be paid by direct transfer to account of minor through natural guardian case of compromise being recorded in Lok Adalat proceedings at time of such compromise details of bank accounts Pan Card (if available) of claimant or claimants and/or legal representatives shall also be obtained and disbursal of amount compromised shall also be only by way of NEFT/RTGS- In cases where claimants or victims have Adhaar Cards a self attested copy of same may also be obtained Court Registry is directed to place matter before Honble Chief Justice so that appropriate circular can be issued to all District Judges and Claims Tribunals to publish above interdict as it needs to be widely publicized and displayed in notice board and also by way of intimation to insurance companies transport corporations and other departments that they are required to follow these instructions strictly - Ordered accordingly
JUDGMENT :
B. Veerappa, J.
The present Appeal is filed by the alleged employer against the judgment and award dated 29.01.2019 made in E.C.A.No.279/2014 on the file of the Prl. Senior Civil Judge and CJM, Chikkamagaluru, awarding total compensation of Rs. 11,51,000/- with interest at 12% per annum after expiry of 30 days from the date of accident till the date of payment. The appellant has also filed I.A.No.3/2019 seeking permission to deposit the award amount.
I. FACTS LEADING TO FILE THE APPLICATION FOR PERMISSION TO DEPOSIT
2. After filing of the appeal, the appellant has filed Memo of statutory deposit dated 26.06.2019 along with a demand draft bearing No.661499 dated 25.06.2019 drawn on the Canara Bank, Basavanahalli Extension Branch, Chikkamagaluru, for Rs. 11,51,000/-. On 29.06.2019, the appellant has also filed I.A.No.3/2019 under the provisions of Section 151 of Code of Civil Procedure r/w Section 30(1) of the Employee's Compensation Act, 1923, ('Act' for short) seeking permission to deposit the award amount before this Court, contending that, the counsel for the appellant, by mistake, deposited a sum of Rs. 11,51,000/- by way of demand draft bearing No.661499 dated 25.06.2019 drawn on the Canara Bank, Basavanahalli Extension Branch, Chikkamagaluru, on 26.06.2019 before this Court, without obtaining the permission of this Court. Therefore, the present application is filed seeking permission to deposit the said award amount. It is also prayed to direct the registry to invest the said amount in any nationalized bank.
3. Therefore, the matter is posted for acceptance of the deposit made by the appellant.
4. The application I.A.No.3/2019 seeking permission to deposit the award amount is heard on maintainability. Since the issue involved in the present application is of general importance, the members of the Bar were also permitted to assist the Court along with the learned counsel for the appellant and learned counsel for the caveator/respondent.
5. Heard the learned counsel for the parties and members of the Bar on maintainability of the application, I.A.No.3/2019.
II. ARGUMENTS ADVANCED BY THE LEARNED COUNSEL FOR THE APPELLANT
6. Sri Rajashekhar.K, learned counsel for the appellant contended that the present application filed seeking permission to deposit the award amount made before this Court on 25.06.2019 is maintainable, in view of the Memo dated 17.06.2004 issued by the Registrar (Judicial), High Court of Karnataka, Bengaluru, in pursuance of the Order dated 25.02.2003 made in MFA No.7560/2002. He would contend that this Court can allow the application as the appellant has already deposited the entire award amount of Rs. 11,51,000/- before this Court on 25.06.2019, by way of demand draft bearing No.661499 dated 25.06.2019 drawn on the Canara Bank, Basavanahalli Extension Branch, Chikkamagaluru.
7. He further contended that, in case the appellant had deposited the amount before the Commissioner for Workmen/Tribunal, there was every chance that the claimant would have withdrawn the entire amount even before the appeal is filed before this Court, though liability is challenged. Admittedly, in the present case, appellant had filed objections before the Tribunal/Commissioner for Workmen Compensation, and had denied the liability and the relationship of employer and employee. In those circumstances, if the permission is not granted to deposit the amount before this Court, the very purpose for which the appeal is filed under Section 30(1) of the 'Act' would be frustrated.
8. He further contended that, under the provisions of Section 30(2) of the 'Act', the legislature thought fit to fix the period of limitation to file the appeal as, 'sixty days'. In some cases, even before the expiry of the appeal period and in view of the mandate provided under third proviso to Section 30(1) of the 'Act', if the appellant or insurance company deposits the amount before the Commissioner for Workmen Compensation or Tribunal, there are every chances
