UNITED INDIA INSURANCE CO LTD Vs. KASHIMSAB

JUDGEMENT

(1.) The appellant-insurer being aggrieved by the judgment and award dated 20-8-1992 made by the Commissioner for Workmen's Compensation, Bijapur, in case No. WC MSR. 46 of 1991 directing the appellant to make good the entire amount of compensation of Rs. 78,648/- awarded for the death of Isak in the accident involving the tempo bearing registration No. KA-28-423 belonging to Yaseena Babusaba Nimbargi, respondent 6 herein, has come up with this appeal.

(2.) The appellant has mainly taken the following four grounds to attack the judgment and award appealed against.

(3.) During hearing, Sri G.S. Kannur, learned counsel for some of the claimants, viz., respondents 2, 3 and 5, has raised a preliminary objection on the maintainability of this appeal for non-compliance of the mandatory requirement of the third proviso to sub-section (1) of Section 30 of the Workmen's Compensation Act, 1923 ('the Act' for short). His contention is that the appellant to maintain the appeal should have filed along with the appeal a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. Since the appellant has failed to do so, the appeal is liable to be dismissed at the threshold as not maintainable.