M. A. No. 1597/2010 28-6-2010
Shri Sanjay Agrawal, learned counsel for the appellant.
The office has pointed out default as copy of receipt of
full awarded amount has not been submitted along with the
appeal.
This is an appeal preferred by the appellant-Insurance
Company under Section 30 of the workmen’s Compensation
Act, 1923 challenging the award dated 29.10.2009 passed by
the Commissioner for Workmen Compensation-cum-Labour
Court, Rewa in Claim Case No.2/WC/2008.
As per Section 30 of the Workmen’s Compensation Act,
1923 there is a pre-condition that the memorandum of appeal
should accompany a certificate to the effect that the
appellant has deposited with him the amount payable under
the order appealed against.
Learned counsel for the appellant fairly submitted that
full amount of award has not been deposited.
In view of the aforesaid the present appeal is not
maintainable. The view as such is supported by a full Bench
decision of this Court in New India Assurance Co. Ltd. vs.
Savita Sen, 2004 (2) M.P.L.J. (FB) 445.
In view of the aforesaid, I am of the view that the appeal
is incompetent and it is dismissed accordingly.
(R.K. GUPTA)
Judge
S/