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Report No. 85

15.2. Recommendation to amend section 110D(1).-

It is often noticed that appeals are filed by the insurer on insubstantial, if not flimsy grounds, thereby causing avoidable hardship to the claimant who has succeeded in his claim after considerable labour and expense. In our view it is necessary to require deposit of the amount awarded by the Tribunal before an appeal can be filed. It may be noted that under the Workmen's Compensation Act,1 the entire amount of money has to be deposited in the Court before preferring an appeal from the decision of the Commissioner under that Act. Section 30(1), 3rd proviso, Workmen's Compensation Act reads:-

"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."

A similar provision should be introduced in the Motor Vehicles Act, requiring deposit of the entire amount awarded, before filing an appeal.2

1. Section 30(1), 3rd proviso, Workmen's Compensation Act, 1923.

2. See para. 15.6, infra-proposed section 110EE.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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