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1997 Supreme(AP) 1169

S.PARVATHA RAO, AVINASH SOMAKANT BHATE
Gangireddy Venkateswara Rao – Appellant
Versus
Divisional Manager, New India Assurance Co. , Guntur – Respondent


( 1 ) LETTERS Patent Appeal Nos. 184 of 1995 and 58 of 1996 have been preferred by the applicants for workmen compensation questioning the stay of execution of the orders passed in their favour in W-C. Nos. 64 and 47 of 1994 both dated 6-4-1995 by the Commissioner for Workmen s Compensation and Deputy Commissioner of Labour, Guntur Region, Guntur, pending CM A Nos. 1563 and 1564 of 1995 preferred by the insurer, which is the 1st Respondent in these Letters Patent Appeals.

( 2 ) WHEN these LPAs. came up before us for admission, the learned Counsel for the appellants in the LPAs. , i. e. , applicants, stated that the CMAs. were preferred without depositing the compensation amount and consequently without a certificate by the Commissioner as required under the 3rd proviso to Section 30 (i) of the Workmen s Compensation Act, 1923 ( the Act ) for short) and, therefore, the appeals themselves were not maintainable. The learned Counsel for the appellants also submitted that several High Courts have taken the view that no appeal under Section 30 (1) of the Act can be validly preferred by the insurer without depositing the compensation amount and filing a certificate of the Commissioner to









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