UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHAIK ALIMUDDIN

JUDGEMENT

(1.) This appeal is filed against the order of the Commissioner for Workmen's Compensation, Hyderabad dated 31-7-1992 in W.C. No. 60/91. That application was filed by the 1st respondent herein claiming compensation for the death of his son Saleem Aleem Shaik, Cleaner of a lorry No. ABT 5301, together with penalty and interest, That was filed against Sri Shaik Mahmood, the owner of the lorry, who is the 2nd respondent in this appeal and the United India Insurance Co. Ltd., who is the appellant. The learned Commissioner for Workmen's Compensation, passed the order awarding compensation of Rs. 73,132.80 paise together with penalty of 50% and interest at 6% and costs. Aggrieved by that the appellant who is the 2nd respondent before the Commissioner for Workmen's Compensation field this appeal contending that the Commissioner has no territorial jurisdiction to entertain the application and to pass the order, since the accident took place at Bombay.

(2.) Before considering the contentions of the appellant, I will refer to the preliminary objection taken by the contesting 1st respondent in the appeal that the appeal is not maintainable on the ground that the amount awarded was not deposited.

(3.) Section 30(1) of the Workmen's Compensation Act reads : 30(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely - (a) An order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment of otherwise of disallowing a claim in full or in part of a lump sum : (aa) an order awarding interest or penalty under Section 4-A (b).......... (c)......... (d).......... (e)......... The third proviso to the said sub-section reads : "Provided further 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 appealed against.