RAMSH GOYAL Vs. GAYATRI

JUDGEMENT

(1.) The appellant before this court has filed an appeal u/s 30 of the Workman Compensation Act, 1923 against the order dated 10-04-2013 passed by the Labour Court, Ujjain in W.C.A No. 169/2006.

(2.) Facts of the case reveal that the appellant was engaged in the business of mining and an accident took place on 26-05-2002 resulting in death of the workman. A claim petition was preferred by the widow of the deceased workman alongwith a minor daughter and witnesses were examined before the Labour Court. Witnesses have categorically stated that an accident took place on 26-05-2002 and the workman died on account of injuries caused by the crasher machine and a tractor. The Commissioner Workmen's Compensation has awarded a sum of Rs. 2,57,108/- alongwith interest with effect from 11-09-2006 @ 12% per annum to the workman. The present appeal has been filed against the award dated 10-04-2013.

(3.) Learned counsel appearing for the claimants/respondents at the outset has drawn the attention of this court towards section 30 of the Workmen's Compensation Act, 1923 and his contention is that the appellant has not deposited the entire amount with the Commissioner and therefore in light of the judgment delivered by this court in the case of Tulsiram Vs. Daryaobai, 1998 1 MPLJ 188, the appeal itself is not maintainable.