ORIENTALN INSURANCE COMPANY LTD Vs. ISHWAR LAL

JUDGEMENT

(1.) WHETHER the requirement of accompanying a certificate by the Commission to the effect that the appellant has deposited with him the amount payable under the order appealed against in terms of third proviso to Subsec.(1) of S.30 of Workmen 's Compensation Act is applicable to the insurer, who seeks to file the appeal against an order passed by the Commissioner appointed under the Workmen 's Compensation Act allowing a claim in favour of claimants is the question involved in this appeal.

(2.) THE appellant filed a civil first miscellaneous appeal against the award/ judgment, dated 23 February 2007, passed by the learned Commissioner Workmen 's Compensation Act (Assistant Labour Commissioner), Doda, in File No. 40 -D, titled, Ishwar Lal v. Divisional Manager. The appeal of appellant has been dismissed by the first appellate Court vide order, dated 16 July 2007, on account of the omission of appellant to annex the certificate of Commissioner that the awarded amount stood deposited with him. The contention of learned counsel for appellant is that the provisions contained in third proviso to Sub -sec. (1) of S. 30 applies to the employer and not to the insured, who has undertaken to indemnify for the liability of the employer. Third proviso to Sub -sec. (1) of S. 30 reads as follows :

(3.) WHETHER the expression ''employer '' used in the above proviso would include the insurer as well, the contention of Sri Chouhan, learned counsel for appellant is that the insurer only under the policy of the insurance becomes liable to indemnify the liability of the employer and, therefore, does not fall within the expression of ''employer. '' In support of his contention he relies upon the following cases.