IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA MISCELLANEOUS FIRST APPEAL NO.455/2019 (WC) BETWEEN:
M/s Bengaluru Metro Rail Corporation Limited, 3rd Floor, BMTC Complex, K.H. Road, Shanthinagar, Bengaluru – 560 027.
Represented by Sri S.S. Hegaraddi, Executive Director (Civil) …Appellant (By Sri. Sumanth H.V., Advocate for Sri Santhosh Narayan S., Advocate) AND:
1. Ghanashyam, S/o. late Sri Vishnu, Aged about 50 years, 2. Mrs Manbhavathi, W/o. Sri Ghanshyam, Aged about 47 years, Both residing at Khajura Village, Shamashabad Post, Pulpur Taluk, Azamgarh District, Uttar Pradesh, Both represented by GPA holder Mr. Ram Prasad Yadav, S/o. Basdeo Yadav, Aged about 50 years, Residing at Room No.10, Shivashankar Chawl, Bhandup (W) Mumbai – 78.
3. M/s Coastal Projects Ltd., Plot No.304-O, Road No.78, Film Nagar, Jubilee Hills, Hyderabad – 500 053, Represented by its Managing Director.
4. M/s IFFCO Tokio General Insurance Company Limited, IFFCO Sadan, C-1, District Centre Saketh, New Delhi – 110 017.
Also at M/s Hyderabad SBU, #201, B 2nd Floor, Shangrilla Plaza, Opp. KBR Park, Banjara Hill Road, #2, Hyderabad – 500 034, Represented by its Managing Director.
.... Respondents This Miscellaneous First Appeal is filed under Section 30(1) of the Employees Compensation Act against the judgment and award dated 07.11.2018 passed in ECA No.99/2016 on the file of the XIX Addl. SCJ & MACT, Bengaluru (SCCH-17), awarding compensation of Rs.11,20,000/- with interest @ 12% p.a. from the date of the petition till its realization.
This Miscellaneous First Appeal coming on for Orders this day, the Court made the following:
ORDER Sri Sumanth H.V., learned counsel for the appellant submits that he want one week time to deposit the amount.
This Court already laid down the law in the case of Smt. Yamuna Channabasappa Shetty Vs.
K. Raghukumar @ Raghu in MFA No.2509/2019 dated 19.07.2019 holding that, in view of the provisions of Section 30 of the Employees Compensation Act, 1923, it is mandatory for the appellant to deposit the entire amount award amount before the Tribunal/Commissioner for Employees Compensation prior to filing of appeal before this Court. Admittedly, the appellant not deposited the amount. Therefore, the appeal is not maintainable.
At this stage, learned counsel prays for withdrawal of the appeal and files a memo dated 16.10.2019 with liberty to file fresh appeal after compliance of Section 30 of the Employees Compensation Act, 1923.
Said memo is placed on record.
The Miscellaneous First Appeal is dismissed as withdrawn.
Office is directed to return the certified copy of the impugned order to the appellant forthwith to enable the appellant to file fresh appeal.
Sd/- JUDGE PN/