INDO AROMATICS PVT LTD Vs. SARVESH DEVI

JUDGEMENT

(1.) THE appeal is preferred by the company from the judgment and order dated 11th March, 2008 passed by the concerned Commissioner under Workmen's Compensation Act, 1923, Meerut by awarding compensation of rs. 2,30,212.

(2.) A preliminary objection has been taken by the respondents claimant about the maintainability of the appeal on the ground that since the interest and penalty are awarded statutory deposit will be made covering such part being part and parcel of compensation to make the appeal maintainable before the Court of appeal. In support of such contention, the learned Counsel for the respondents has cited a Division Bench judgment of this Court In (New India Assurance Co. Ltd. v. Neeru Dabur and others, 2006 ACJ 2393 ).

(3.) WE have considered the judgment delivered whereunder the insurance company was placed equally with an employer. In other words, insurance company is liable to deposit the principal sum, interest and penalty if it chooses to prefer an appeal at the instance of the employer.