MANAGEMENT SCM CREATIONS NALLIGOUNDAMPALAYAM Vs. N.ARAN @ AARUCHAMY

JUDGEMENT

(1.) This appeal has been preferred under Section 30 of the Employees Compensation Act, 1923, by the management of SCM Creations (employer of the deceased A.Rajasekaran) against the order of the Commissioner for Workmen's Compensation, Coimbatore, dated 03.03.2012 made in W.C.No.67 of 2010.

(2.) Regarding the death of A.Rajasekaran, his parents, who are the respondents herein, made a claim before the Commissioner for Workmen's Compensation, against the employer, namely, the appellant herein and the Commissioner for Workmen's Compensation, Coimbatore awarded a sum of Rs.3,96,480/- as compensation and a further sum of Rs.5,000/- towards funeral expenses (total compensation awarded is Rs.4,01,480/-) by the impugned order dated 03.03.2012. The award also directed payment of interest on the above said amount at the rate of 12% per annum from the date of expiry of 30 days from the date of occurrence. However, the Commissioner has not chosen to issue any direction regarding the payment of costs. The above said award passed by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Coimbatore in W.C.No.67 of 2010 is challenged by the employer, namely, the appellant herein, on various grounds set out in the memorandum of Civil Miscellaneous Appeal.

(3.) Section 30 of the Employees' Compensation Act, 1923 provides that an appeal shall lie to the High Court from the orders of the Commissioner for Workmen's Compensation, either allowing the claim for compensation in a lump sum or disallowing the claim in full or in part. However, the right of appeal is circumscribed by a condition provided in the first proviso to Section 30(1) that no such appeal shall lie against any order of the Commissioner for Workmen's compensation unless a substantial question of law is involved in the appeal. A further condition has been imposed in the third proviso to the effect that no appeal by the employer 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.