RAMASAMY REDDIAR Vs. ANGAMUTHU

JUDGEMENT

(1.) PLAINTIFF in O.S.No.2041 of 1979 on the file of the District Munsif - s Court, Namakkal, who succeeded before the learned trial Judge, but lost before the learned first appellate Judge, is the appellant in the above second appeal. The suit was filed before the trial Court on 13.11.1979 for recovery of a sum of Rs.2,997.50 said to be due from the defendants to the plaintiff with subsequent interest.

(2.) THE case of the plaintiff before the trial Court was that the first respondent herein filed a petition before the Additional Commissioner for Workmen's Compensation, Coimbatore, in W.C.No.203 of 1970 claiming compensation on the ground of personal loss of his earning capacity on the ground of loss of both hands due to an accident met by him while digging a well of the plaintiff, under the Workmen's Compensation Act. It is stated that the plaintiff was awarded a compensation of Rs.6,720 by the Additional Commissioner for Workmen's Compensation, Coimbatore, as against which the plaintiff filed an appeal in CMA.No.163 of 1973 on the file of this Court. During the pendency of the appeal before this Court and before the main appeal was finally disposed of on merits, by an interlocutory order, this Court permitted the first respondent herein to withdraw one -third of the said amount and as a matter of fact, the first respondent - first defendant acting through the second respondent - second defendant, his wife, has withdrawn a sum of Rs.2,248 from the amount deposited with the Additional Commissioner for Workmen's Compensation, Coimbatore. But, when the main appeal came to be heard and disposed of, this Court by its order dated 19.4.1974, which is marked as Ex.A -1, set aside the order of the Additional Commissioner for Workmen's Compensation holding that the plaintiff was not liable for any sum to the first respondent herein. Thereupon, the plaintiff filed CMP.No.89 of 1971 before this Court for a direction to the first respondent herein -respondent in the said appeal to pay back the sum of Rs.2,248 drawn by him or to direct the Additional Commissioner for Workmen's Compensation to pay the same to the appellant herein. Sathiadev, J. by his order dated 21st August, 1979 made the following order on the said application, which has been marked as Ex.A -3 in the present proceedings:

(3.) THE defendants contended that though it is a fact that the first defendant has lost the appeal before this Court, that he withdrew during the pendency of the appeal a sum of Rs.2,248 through the second defendant making an application for and on behalf of the first defendant and that the second defendant is neither a necessary party to the suit nor in any manner personally liable or answerable to the suit claim. It is further contended that because the first defendant has lost his both hands, she has been managing the family out of the amount drawn from the deposit made with the Additional Commissioner for Workmen's Compensation as well as out of the sale proceeds of a house, that the first defendant had no property whatsoever as on the date of suit and that the suit was also barred by limitation and was also bad for misjoinder of the second defendant and non -joinder of the Additional Commissioner for Workmen's Compensation, Coimbatore.