NATIONAL INSURANCE CO LTD Vs. CHANDAN

JUDGEMENT

(1.) THIS is an appeal filed under Section 30 of Workmens Compensation Act, 1923 (hereinafter referred to as Act) against the order dated 4 -5 -2001 passed by Commissioner under the Act and Assistant Labour Commissioner, Muzaffarnagar in W.C.A. No. 38 of 2000 Chandan v. M/s. Ganga Kissan Sahkari Chini Mills Ltd., Muzaffarnagar.

(2.) BY the aforesaid order, Commissioner. Workmens Compensation Act, 1923 awarded compensation to the extent of Rs. 32,128. It has been observed that a sum of Rs. 3,000 had already been paid by the Insurance Company and balance amount of Rs. 29,128 was payable and on non payment of amount within due date, interest @ 9% was chargeable.

(3.) ADMITTEDLY , the Certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against, has not been accompanied with memorandum of appeal as required under the third proviso of Section 30. The Counsel for the appellant States that the third proviso is applicable to the employer in appeal filed and not in an appeal filed by the Insurance Company. In my opinion, the submission of learned Counsel for the appellant is not acceptable.