NEW INDIA ASSURANCE CO LTD Vs. SAVITA SEN

JUDGEMENT

(1.) These matters have been placed before us on a Reference by a Division Bench of this Court for decision on the following question of law:

(2.) These appeals were filed by the Insurer under Section 30, of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act'), against the award passed by the Commissioner for Workmen's Compensation. A preliminary objection has been raised on behalf of the respondent that the appeals filed by the Insurer are not competent, as the memorandum of appeal is not accompanied by a certificate of the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. The learned counsel for the appellant relying on Division Bench decision of this Court, in Northern India Insurance Co., Branch Indore v. Commissioner for Workmen's Compensation, Indore and others, 1973 MPLJ 548 contended that the requirement of filing of certificate of deposit of compensation under third proviso to sub-section (1) of Section 30, of the Act, is applicable to an appeal filed by the employer, and as the appellant insurer is not the employer there is no legal requirement for the appellant to either deposit the amount of compensation or to file a certificate of deposit of compensation along with the memorandum of appeal.

(3.) Before adverting to the rival contentions of the learned counsel for the parties, it would be useful to reproduce Section 30, of the Act, which reads as follows: