C.M.APP.75/09 in CMA No.891/08 - Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Order dt.5.11.09 1/6 S.B. CIVIL MISC. APPLICATION NO.75/2009 IN S.B. CIVIL MISC. APPEAL NO.891/2008 Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Date of order : 5th November, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Anil Bhandari ) for the appellant-claimants. Mr. Sunil Bhandari) Mr. Anand Puroiht, AAG Mr. D.S. Nimla for respondent-insurance Company. Mr. Rakesh Thanvi, Workmen Compensation Commissioner. ------- 1. Heard learned counsels on misc. application. 2. The Workmen Compensation Commissioner Mr. Rakesh Thanvi present in Court in pursuance of direction of this Court dated 28.10.2009. He has produced in Court four Fixed Deposits of UCO Bank made in favour of WCC J (Workmen Compensation Commissioner, Jodhpur) Account Smt. Bidami Devi Rs.75,000/-, Account Mamta Rs.75,000/-, Account Rekha, Rs.75,000/- and Account Munna Rs.50,000/-. All these Fixed C.M.APP.75/09 in CMA No.891/08 - Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Order dt.5.11.09 2/6 Deposits are for different periods of 60 months, 96 months, 120 months and 144 months respectively. He has also produced a demand draft No.230478 dated 4.11.2009 of Rs.1,05,351/- in favour of Smt. Bidami Devi W/o Late Pappu Ram. All compensation amount totaling to Rs.3,80,351/-. This is the total compensation payable under the impugned award of Workmen Compensation Commissioner dated 31.3.2008. 3. Learned counsel for the appellant-petitioner Mr. Anil Bhandari submits that the fixed deposits in the name of Workmen Compensation Commissioner may create problem in future in encashment of these Fixed deposits as the same cannot be encashed withut order of the Workmen Compensation Commissioner. He submits that after passing of award, the Workmen Compensation Commissioner becomes functus officio and, therefore, the compensation amount should be disbursed to the claimants, may be in the form of fixed deposits or demand draft as the case may be. He therefore, submits that the fixed deposits may be made in the name of claimants with the C.M.APP.75/09 in CMA No.891/08 - Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Order dt.5.11.09 3/6 stipulation that the encashment prior to maturity date cannot be made without leave of this Court. He also submits that Insurance Company is yet to make payment of compensation amount in the form of interest as directed in the award of Commissioner plus further interest in view of certain judgments relied upon by him. 4. On the other hand, Mr. D.S. Nimla appearing for the Insurance Company submits that Insurance Company is about to file SLP against the said judgment dated 3rd August, 2009 of this Court, therefore, some time may be granted to make payment of interest etc. subject to decision of Apex Court in SLP, if any. 5. After hearing the learned counsels and the Workmen Compenstion Commissioner present in Court, it is directed that the four Fixed Deposits in question may be remade in the name of claimants without the name of Workman Compensation Commissioner being added therein and the said Fixed Deposits for the same period may be handed over to the claimants / their counsel upon giving a proper discharge / receipt to the Workmen C.M.APP.75/09 in CMA No.891/08 - Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Order dt.5.11.09 4/6 Compensation Commissioner within a period of one week from today and the Fixed Deposits may be remade with the endorsement that the maturity value of these Fixed Deposits will not be paid to the claimants before the maturity date without leave of this Court. However, upon maturity, the claimants would be free to encash these fixed deposits and take payments from the Bank. The Demand Draft No. 230478 dated 4.11.2009 of Rs.1,05,351/- has been handed over to the counsel for the petitioner-claimants for encashment. For the remaining payment of interest as claimed by the claimants, the Insurance Company shall compute the same and make such further payment to the claimants within a period of two months from today, subject to stay order of Supreme Court, if any obtained by them within the said period of two months from today in the special leave petition which learned counsel for the Insurance Company stated is about to be filed in the Apex Court. The Insurance Company will also consider the judgments relied upon by the learned counsel for the petitioner-claimants and if necessary provide them an opportunity of hearing for the interest part. If the Insurance Company is not C.M.APP.75/09 in CMA No.891/08 - Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Order dt.5.11.09 5/6 agreeable to pay such interest as claimed by the claimants, they may pass speaking and reasoned order for denying such interest in accordance with the judgments relied upon by the learned consel for the petitioner-claimants. This exercise of payment of interest has to be completed by the Insurance Company within a period of two months from today. The fixed deposits to be remade by the Workmen Compensation Commissioner as aforesaid may be remade with the said Bank within a period of one week and handed over to the claimants / counsel within a period of one week from today and compliance report may be filed in this Court with reference to this misc. application. 6. It is needless to say that the payment now being made by the learned Workmen Compensation Commissioner and the interest part to be made by the Insurance Company to the claimants will be subject to claimants furnishing a solvent security and undertaking before the Insurance company that in case the judgment of this Court dated 3rd August, 2009 is set aside by the Apex Court, they would refund the entire money of C.M.APP.75/09 in CMA No.891/08 - Smt. Bidami Devi & Anr. Vs. The Workmen Compensation Commissioner & Ors. Order dt.5.11.09 6/6 compensation paid under this award of the Workmen Compensation Commissioner and judgment of this Court shall be refunded back by them to the Insurance Company with interest at the rate of 9% per annum from the date of receipt of payment till the actual date of repayment. 7. With these observations and directions, this misc. application is disposed of. [ DR. VINEET KOTHARI ], J. iten No.31 babulal