NEW INDIA ASSURANCE CO LTD Vs. JOGENDRA KAUR

JUDGEMENT

(1.) This appeal by New India Assurance Co. Ltd. has been preferred against the judgment and award dated July 12, 1995 of Workmen's Compensation Commissioner, Muzaffarnagar awarding compensation to respondent No. 1 on account of death of her husband Harbhajan Singh in an accident. The appeal is not accompanied by a certificate of deposit of the compensation amount awarded to the claimant.

(2.) Sri Rajeshji Verma, learned counsel for the appellant has submitted that the proviso to Section 30 of the Workmen's Compensation Act (hereinafter referred to as the Act) only lays down that no appeal by an employer under clause (a) 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 appeal against and, therefore, the requirement of deposit would come into play in an appeal filed by the employer and not where the appeal has been preferred by an Insurance company. Learned counsel has submitted that the bar which operates against the employer to file an appeal without being accompanied by a certificate of deposit cannot come into play in an appeal, which has been preferred by an insurer.

(3.) Under the scheme of the Act, the only provision under which an appeal may be preferred against the award of the Workmen's Compensation Commissioner is Section 30. There is no other provision in the Act for filing an appeal. The Insurance Company is permitted to file the appeal only because it is under an obligation to satisfy the award made against the employer and thereby it steps into the shoes of the insured i. e. the employer. The object of proviso to Section 30 is that the claimants may get the compensation amount awarded to them by the Workmen's Compensation Commissioner forthwith and its payment may not be deferred on account of passing of a stay order in the appeal which may be preferred by the employer. It is a beneficial piece of legislation which has been enacted to provide immediate relief to a workman who has sustained injury in the course of his employment or in the event of his death to his dependents. It is obvious that in the case of injury, the workman concerned or in the case of death, his dependents need immediate financial help. The Legislature, keeping the said object in view, made it mandatory that the amount awarded by the Workmen's Compensation Commissioner should be deposited before an appeal is preferred. It may be noted that the appeal lies only on a substantial question of law. If the contention of learned counsel for the appellant is accepted, the very object of enacting the proviso to Section 30 would be defeated.