IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A. NO.8507/2017 (WC) BETWEEN SRI R MOORTHY S/O RAMASWAMY, AGED ABOUT 38 YEARS, R/AT NEAR SRI JANARDHANA SWAMY TEMPLE, UJIRE VILLAGE AND POST, BELTHANGADY TALUK, D.K. DISTRICT ... APPELLANT (BY SRI RAJARAM SOORYAMBAIL, ADVOCATE) AND 1. SRI KRISHNA SWAMY S/O LATE MARA BHOVI, AGED ABOUT 68 YEARS, PERMANENTLY RESIDING BABUJI COLONY KUPPE VILLAGE, BILIKERE HOBLY, PRESENTLY RESIDING AT PARAMESHA, KANYADY II VILLAGE, GURUPILLA POST, BELTHANGADY TALUK, D.K DISTRICT 2. SMT. ISHWARI W/O KRISHNA SWAMY, AGED ABOUT 58 YEARS, PERMANENTLY RESIDING BABUJI COLONY KUPPE VILLAGE, BILIKERE HOBLY, PRESENTLY RESIDING AT PARAMESHA, KANYADY II VILLAGE, GURUPILLA POST, BELTHANGADY TALUK, D.K DISTRICT 3. SMT DHANALAKSHMI W/O LATE MURUGESHA, AGED ABOUT 24 YEARS, PERMANENTLY RESIDING BABUJI COLONY KUPPE VILLAGE, BILIKERE HOBLY, PRESENTLY RESIDING AT PARAMESHA, KANYADY II VILLAGE, GURUPILLA POST, BELTHANGADY TALUK, D.K DISTRICT ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.07.2017 PASSED IN MVC NO.13/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, BELTHANGADY, AWARDING COMPENSATION OF RS.4,42,400/- WITH INTEREST @ 12% P.A., FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL COMING FOR ORDERS ON THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed I.A. No.1/2018 seeking permission to deposit 25% of the compensation amount awarded on 06.07.2017 by the Prl. Senior Civil Judge and MACT in E.C.A. No.13/2014. The compensation is awarded with interest at the rate of 12% per annum from the date of petition till the date of deposit.
2. At this stage, it is appropriate to refer Section 30 of the Employees Compensation Act, 1923 which reads as under:
“30. Appeals.- (1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:--
(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;
(aa) an order awarding interest or penalty under section 4A;] (b) an order refusing to allow redemption of a half-monthly payment;
(c) an order providing for the distribution of compensation among the dependants of a deceased workman (employee), or disallowing any claim of a person alleging himself to be such dependant;
(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or (e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:
Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees:
Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties:
[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.] (2) The period of limitation for an appeal under this section shall be sixty days.
(3) The provisions of section 5 of [the Limitation Act, 1963 (36 of 1963 )], shall be applicable to appeals under this section.”
3. In the above circumstances, I.A. No.1/2018 is rejected as not maintainable. Consequently, appeal is also rejected as not maintainable.
Sd/- JUDGE Sbs*