NEW INDIA ASSURANCE CO LTD Vs. SUMAN LATA

JUDGEMENT

(1.) This is an appeal by the insurance company impugning the award dated 12.10.1990, passed by the Commissioner under the Employees' Compensation Act, 1923 (for short, 'the Act') awarding a sum of Rs. 1,30,146 as compensation on account of death of Pawan Kumar. At the very outset, learned counsel for respondent Nos. 1 and 2 raised a preliminary objection regarding maintainability of appeal in terms of the provisions of section 30 of the Act. He submitted that third proviso to section 30 of the Act provides 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 the amount payable under the order appealed against. In the present case, there is nothing on record that at the time of filing of appeal, the amount was deposited by appellant. The appellant, which is an insurance company, steps into the shoes of the employer and the conditions, as are applicable for an appeal by the employer, are equally applicable in case of appeal by the insurance company. In support, reliance was placed upon New India Assurance Co. Ltd. v. Kartar Singh, 2001 ACJ 1651. As far as cross-objections filed by him are concerned, he fairly submitted that he does not press the same.

(2.) On the other hand, learned counsel for the appellant could not dispute the fact that the amount as per the order passed by the Commissioner was not deposited at the time of filing of appeal. He submitted that only a sum of Rs. 86,764 was deposited, which was the amount due according to the appellant, and that satisfies the condition laid down in section 30 of the Act.

(3.) Heard learned counsel for the parties and perused the paper book.