Non-compliance with the deposit requirement under the Workmen's Compensation Act renders an employer's appeal not maintainable.

RAKESH KUMAR GARG, J.

1. As per the facts, which emerge out from the impugned award, one Gurmail Singh died on 15.02.2008 while working as a Driver on tractor-trolley bearing registration No. HR-02H-7454 owned by Jamail Singh, late husband of the appellant. Respondents No. 2 to 5, i.e. LRs of Gurmail Singh, filed an application under the provisions of Workmen's Compensation Act, 1923 before the Competent Authority for grant of compensation on account of death of the aforesaid workman, alleging that he had died during the course of his employment with the appellant. Appellant admitted the fact that Gurmail Singh died during the course of his employment as a Driver of the tractor in question owned by her late husband. However, it was averred that the said tractor was fully insured with respondent No. 1 and liability to pay compensation was of the said respondent.

2. Respondent-Insurance Company denied its liability to pay on the ground that neither the workman was working as a Driver nor any such accident took place and the petition was liable to be dismissed for want of requisite notice.

3. The Commissioner, Ambala under the Workmen's Compensation Act, 1923, vide impugned award dated 16.01.2012, held the appellant liable to pay the compensation at a sum of Rs. 3,38,880 further observing that the Insurance Company was not liable to pay any compensation in respect of death of the deceased.

4. The employer has filed the instant appeal challenging the aforesaid award dated 16.01.2012 of the Commissioner, Ambala under the Workmen's Compensation Act, 1923, whereby compensation has been granted to respondents No. 2 to 5 on account of death of Gurmail Singh, during the course of his employment with the appellant.

5. In this appeal, the appellant has disputed her liability to pay the amount of compensation on the ground that the same is payable by the respondent-Insurance Company.

6. At the outset, it may be noticed that employer/appellant has filed the instant appeal without complying with the 3rd proviso to Section 30(1) of the Workmen's Compensation Act, 1923, which reads thus:

Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.

7. On 30.08.2013, this Court had granted an opportunity to the appellant to deposit compensation amount as per the impugned order before the Competent Authority; however, learned counsel for the appellant has submitted that the appellant is not in a position to deposit the amount of compensation, as awarded vide impugned award.

8. It has been submitted that the appellant may be exempted from complying with the provisions of Section 30 of the Act to the extent of depositing the compensation amount before filing the appeal. In support of the case, learned counsel for the appellant has referred to a Division Bench judgment of the Calcutta High Court rendered in B.P. Nandy Vs. General Manager, East India Rly. and Another, AIR 1954 Cal 453 and has contended that deposit of the amount of compensation awarded, prior to filing of the appeal, is required only in a case where the workman's right to the compensation awarded is placed in jeopardy and since in the instant case the appellant is not challenging the compensation awarded to the claimants and is aggrieved against the findings of the Tribunal to the extent of absolving the Insurance Company-respondent No. 1 from its liability to pay, it is a fit case where the appellant should be exempted from depositing the compensation amount.

9. The argument raised is misconceived. Admittedly, the claimants have not been paid the amount of compensation till date. As per the impugned order, it is only the appellant who was ordered to pay the compensation and unless she succeeds in this appeal, the right to receive compensation by the claimants will be put into jeop