The requirement to deposit the awarded compensation, including interest, under the statute is a prerequisite for hearing an appeal. Failure to deposit interest at the time of filing is a curable procedural defect, and the appeal becomes maintainable upon the subsequent deposit of the outstanding interest amount.

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 interest has been deposited subsequent to filing of appeal thus the appeal was not maintainable. He submits that the requirement of the provisions of Section 30 of the Employee's Compensation Act, 1923 is that no appeal by employer under Clause (a) of sub section (1) shall lie unless the memorandum of appeal is accompanied a certificate by the Commissioner to the fact that appellant has deposited with it amount payable under the order appealable against. Thus he says the requirement of law is that appeal must accompany a certificate of payment of amount payable. He submits that amount payable is not only the principal amount awarded by the impugned order but even the interest thereon. Thus when the appeal was filed it must have accompanied with certificate of full deposit ie., principal amount as well as the amount of interest as the interest part has been deposited subsequent to filing of the appeal, thus now the defect is not curable and appeal is not maintainable.

4. Learned counsel for the appellant in reply to objection of the respondents submits that requirement of 3rd proviso to sub-section (1) of Section 30 is of deposit of the amount mentioned in Clause (a) of sub - section (1). There is no mention of Clause (aa) of sub - section (1) in the proviso thus he submits that as per Clause (a) only principal amount is required to be deposited, interest and penalty are mentioned in Clause (aa) which is not mentioned in proviso thus there is no default and the appeal is maintainable. He further submits that in any case the default has now been cured. Thus even if it is accepted that the interest was also required to be paid then also appeal is maintainable for the reason that the amount has now been paid in the year 2021 itself.

5 . In support of his submission learned counsel for the respondent placed reliance on the judgment passed by this Court in the case of National Insurance Co. Ltd V/s. Ram Kishore Mishra , 2012 (4) MPLJ 429 and Oriental Insurance Co., Jabalpur V/s. Siyabai & Ors., 2013 SCC OnLine M.P. 10950. In support of his submission learned counsel for the appellant places reliance on the judgment of this Court rendered in the case of National Insurance Co. Ltd V/s. Lala Ram & Ors. MACD, 2015 (1) M.P. 465.

6 . Heard the learned counsel for the parties and considered the documents on record.

7. As regards the contention of the learned counsel for the appellant that 3rd proviso to sub – Section (1) of Section 30 refers only to Clause (a) thus only principal amount is required to be deposited and not the interest part for main