DILIP GUPTA,J. - (1.) This First Appeal From Order has been filed under Section 30 (1) (a) of the Employees' Compensation Act 19231 against the order dated 7 December 2016 passed by the Employees Compensation Commissioner and Deputy Commissioner, Labour Meerut Region, Meerut by which, compensation of Rs.7,18,960/has been awarded with interest at the rate of Rs.12% per annum w.e.f. 13 May 2011.
(2.) A preliminary objection has been raised by Sri Nigamendra Shukla, learned counsel appearing for the claimants respondents that the appeal is liable to be dismissed as the certificate enclosed with the appeal clearly mentions that the appellant has not deposited the entire amount payable under the order appealed against before the Commissioner, which is a mandatory requirement contained in the third proviso to Section 30 (1) of the Act.
(3.) Sri M.M. Sahai, learned counsel for the appellant has 1 the Act contended that the appellant was required to deposit the principal amount of compensation of Rs.7,18,960/only and the interest that has been awarded was not required to be deposited. The contention of the learned counsel for the appellant is that the Commissioner has no jurisdiction to award interest w.e.f. 13 May 2011 in view of the decision of the Supreme Court in National Insurance Co. Ltd. v. Mubasir Ahmed and Another (2007) 2 Supreme Court Cases 349 The submission is that when the Commissioner could not have awarded any interest while determining the compensation to be paid under Section 4 A of the Act, the appeal would be maintainable even if the appellant has not deposited this amount before filing the appeal.;