M MANICKAM Vs. R PONNAMMAL

JUDGEMENT

(1.) The appeal has been filed by the 2nd opposite party (owner of the property/well) in the claim petition. The accident is said to have taken place while the workman attempted to take out the motor from the well and during that attempt, he was pulled into the well and died. The Deputy Commissioner of Labour, Salem, passed an award for a sum of Rs. 2,37,320/- dated 30.06.2006 in favour of the claimants and directed the 5th respondent/1st opposite party (Sekar) and the appellant/2nd opposite party (Manickam), the owner of the well, to pay the compensation jointly and severally. Challenging the award, the 2nd opposite party has filed this appeal.

(2.) At the time of filing of the appeal, the appellant/2nd opposite party has deposited only a sum of Rs. 1,18,660/-. When the appeal was taken up for hearing, preliminary objection was taken by the respondents in the appeal stating that the mandatory provision of Section 30 of the Employee's Compensation Act (formerly Workmen's Compensation Act), has not been complied with and the appellant has not deposited the entire award amount as ordered by the Deputy Commissioner of Labour. On this ground, it was contended that the appeal has to be dismissed on the preliminary point of non-compliance of Section 30 of the Act.

(3.) Thereafter, time was given to the appellant to deposit the balance of the award amount. Despite the grant of time, the learned counsel for the appellant submitted that because of the financial constraint, the appellant is not in a position to deposit the balance award amount and therefore, the Court may pass further orders.