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2007 Supreme(J&K) 152

NIRMAL SINGH, Y.P.NARGOTRA
Oriental Insurance Co. Ltd. – Appellant
Versus
Ishwar Lal – Respondent


Advocates Appeared:
Advocate For Appellant: D.S. Chouhan

Y.P. Nargotra, J.

1. Whether the requirement of accompanying a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against in terms of third proviso to sub-section (1) of section 30 of Workmens Compensation Act is applicable to the insurer, who seeks to file the appeal against an order passed by the Commissioner appointed under the Workmens 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 23.2.2007 passed by the learned Commissioner Workmens Compensation Act (Assistant Labour Commissioner), Doda, in File No.40-D, titled, Ishwar Lal vs Divisional Manager. The appeal of appellant has been dismissed by the first appellate court vide order dated 16.7.2007 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-section (1) of section 30 applies to the employer and not to the insured, who has und



























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