NEW INDIA IASSURANCE CO LTD Vs. NEERA DABUR

JUDGEMENT

(1.) This first appeal from order has been filed under section 30 (1) (a), Workmen's Compensation Act, 1923 (as amended up-to-date) (for short 'the Act'). Before presenting this appeal stamp reporter of this court on 6/12/2004 reported 'Certificate of deposit has been attached'.

(2.) Ms. Sumati Rani Gupta, Advocate (holding the brief of Ms. Bushra Maryam, Advocate, representing the claimants- respondent Nos. 1, 2, 3 and 4) raised a preliminary objection to the said report of the stamp reporter and submitted that there no appeal lies (i.e., filed) unless it is attached with " a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against" as required under third proviso to section 30 (1) (a) of the Act and to that extent the report of stamp reporter is against record inasmuch as the certificate attached with this F.A.F.O. itself shows that the amount of compensation only has been deposited whereas amount of interest under the impugned judgment has not been deposited.

(3.) We have heard the learned counsel for the parties and perused the record.