NEW INDIA ASSURANCE CO LTD Vs. GONDIA DEVI

JUDGEMENT

(1.) -CLAUSE (a) of sub-section (1) of section 30 of the Workmen's Compensation act, 1923, authorises preferring of an appeal to the High Court from an order of the commissioner awarding compensation or disallowing a claim on that account in full or in part. Clause (aa) of sub-section (1)of section 30 of the said Act authorises an appeal to the High Court from the order passed by the Commissioner awarding interest or penalty in terms of the provisions of the said Act. The third proviso to sub-section (1) of section 30 of the said act provides that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. Therefore, the third proviso to sub-section (1) of section 30 of the Act applies in relation to an appeal preferred by an employer challenging the compensation as awarded. When statute granted a right to appeal and at the same time imposed a condition, unless the condition is fulfilled, the right to appeal is lost.

(2.) IN the instant case, the appeal was not preferred by the employer, but by the insurance company, who has assured the employer. In view of various pronouncements, as referred to in the judgment impugned, it is now not open for the appellant to contend that insurance company will not step into the shoes of employer within the meaning of the third proviso to sub-section (1) of section 30 of the Act. Therefore, the appeal by the insurance company against awarding of compensation is maintainable only upon the insurance company submitting a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against along with the memorandum of appeal. In the instant case, admittedly, no such certificate was filed and, accordingly, the appeal was incompetent.

(3.) THE third proviso to sub-section (1)of section 30 of the Act, however, does not apply to an appeal to be preferred against an order awarding interest or penalty under the Act.