NEW INDIA ASSURANCE CO LTD Vs. NEERU DABUR

JUDGEMENT

(1.) This first appeal from order has been filed under Section 30 (1)(a), Workmen's Compensation Act, 1923 (as amended upto date) (for short "Act"). Before presenting this appeal Stamp Reporter of this Court on 6.12.2004 reported "Certificate of deposit has been attached".

(2.) Miss Sumati Rani Gupta advocate (holding brief of Miss Bushra Maryam advocate--representing the claimant 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 only amount of compensation 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.