N.Pandey, J.

1. The appellant (insurer) being aggrieved by an order of the Deputy Commissioner-cum-Commissioner, Workmens Compensation, dated October 27, 1994, passed in C.W.C. No. 9 of 1993 has preferred this appeal under Sec. 30 of the Workmens Compensation Act (in short the Act). By the impugned order, the insurer was directed to pay a sum of Rs. 76,885.20 (Rupees seventy-six thousand] eight hundred and eighty-five and twenty paise) to the claimants as compensation for the death of Rajendra Ojha on account of an accident, which took place in the night of August 16/17, 1991 while he was driving a truck of respondent-employer bearing registration No. WML 2337.

2. It appears when this case was taken up before a learned Single Judge of this Court, a preliminary objection was raised by the respondents on the maintainability of this appeal due to non- compliance of the mandatory requirement of the third proviso of Sub-sec. (1) of Sec. 30 of the Act. It was contended that in; order to maintain this appeal under Sec.30 of the Act, the appellant was required to enclose a certificate by the Commissioner with the memorandum to the effect that he had deposited with him the amount pa