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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PAVAN KUMAR DWIVEDI
Deputy Manager National Insurance Company Ltd. – Appellant
Versus
Shanni Bee – Respondent
JUDGMENT :
1 . This appeal has been preferred by the appellant Insurer against the order dated 27/8/2011 passed by the Labour Court, Ujjain under Section 22 of the Workmen's Compensation Act.
2. On 31/7/2024 when this case was listed for hearing on admission, learned counsel for respondent No.1 raised an objection that the present appeal is not maintainable as the appellant has not deposited the interest amount. Faced with this, learned counsel for the appellant sought time to verify the aforesaid fact and argue the matter. On 25/9/2024 counsel for the appellant informed the Court that interest has been deposited and the receipt will be filed. The receipt was brought on record. On the basis of the documents available on record following dates for the purpose of deciding the question of maintainability are relevant :-
(i) On 18/4/2012 appeal was filed. Before filing the appeal on 13/3/2012 principal amount was deposited.
(ii) On 5/2/2020, learned counsel for the respondents raised objection for the first time that the appeal is not maintainable on account of non-deposit of the interest.
(iii) On 21/7/2021 the interest was deposited.
3 . Counsel for the respondents submits that the interes
Compliance with mandatory pre-deposit requirements under Section 30 of the Employee's Compensation Act is essential for the maintainability of an appeal, and failure to comply renders the appeal inco....
An employer appealing against a compensation award under Section 30(1)(a) of the Workmen's Compensation Act must deposit the awarded compensation amount, but is not required to deposit interest or pe....
Deposit of awarded amount is a prerequisite for entertaining an appeal under the Workmen's Compensation Act, 1923.
The court clarified that under the Employee's Compensation Act, entitlement to interest begins from the date of the accident, and appeals against refusals of interest and penalty are maintainable.
The main legal point established in the judgment is the distinction between questions of fact and substantial questions of law in appeals under Section 30 of the Employee's Compensation Act, 1923. Th....
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