V. P. MOHAN KUMAR, J.

( 1 ) THIS is an appeal preferred by the insurance company against the award passed by the commissioner for workmen's compensation, under section 30 of the Workmen's Compensation Act, 1923, hereinafter referred to as the act'. The learned counsel appearing for the 1st respondent has raised a preliminary objection regarding the maintainability of the appeal.

( 2 ) THE contention of Mr. Ashok harnahalli, learned counsel for the 1st respondent, put across commendably well is that the appeal will not lie, as the appellant has not complied with the requirement of third proviso to section 30 (1) of the act and, therefore, it has to be rejected and cannot be entertained or admitted for consideration at all.

( 3 ) SECTION 30 of the act reads thus: "30. Appeals. (A) an appeal shall lie to the High Court from the following orders of a commissioner, namely; (a) an order awarding as compensation a lump sum whether by way of redemption of a half monthly payment or otherwise or disallowing a claim in full or in part for a lump sum; (aa) an order awarding interest or penalty under section 4-a; (b) an order refusing to allow redemption of a half monthly payment; (c) an order p

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