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2004 Supreme(Gau) 341

I.A.ANSARI
Oriental Insurance Co. Ltd. – Appellant
Versus
Umesh Nath – Respondent


JUDGMENT

I.A. Ansari, J.

1. Heard learned Counsel for the parties.

2. These appeals have been resisted, at the very threshold, by challenging their maintainability on a question, which is, though short, a question of considerable importance. The moot question raised is this:

Whether the Insurance Company (for convenience, hereinafter referred to as 'insurer'), which prefers an appeal under Section 30 of Workmen's Compensation Act (for short, 'the W.C. Act'), is required to deposit the amount awarded as contemplated under the Third Proviso to Section 30 of the W.C. Act?

3. For the sake of brevity, Sub-section (1) of Section 30 is reproduced, in its entirety, hereinbelow:

30. Appeal.--(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely-

(a) an order awarding as compensation as 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 4A;

(b) an order refusing to allow redemption of a half-monthly payment;

(c) an order providing for the distribution of compensation among the dependents of a deceased workman, or disallowin




























































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