The New India Assurance Company Ltd vs Biju on 18 August, 2011
19. In the present case, the award has been passed on 30.5.2003. Admittedly, the principal amount of Rs.2,99,491/- has been deposited by way of cheque dated 13.8.2003 bearing No.094174 drawn on State Bank of Travancore with a covering note dated 18.8.2003 which is acknowledged by the Labour Deputy Commissioner on 20.8.2003. Even according to the Insurance Company, they have received the order on 18.7.2003 and they ought to have deposited within a period of 30 days i.e. on 18.8.2003. It is not in dispute that only principal amount of Rs.2,99,491/- alone has been deposited by way of cheque and the said cover containing the cheque had been received only on 20.8.2003 as could be noticed from the endorsement found on the cover. That apart, the appeal is not accompanied by a certificate by the Commissioner to the effect that the Appellant/ Insurance Company has deposited with him the amount payable under the order appealed against. Therefore, the Appellant has failed to deposit the interest that has been ordered by the Commissioner. I am in entire agreement with the view taken by the Division Bench of the Kerala High Court in 2011-2-TNMAC-48 (New India Assurance Co. Limited Vs. Biju) and 2008-ACJ-235 (V.K.Raghavan Vs. Commissioner for Workmen's Compensation) that the words 'amount payable under the order appealed against' in the third proviso will include not only the principal amount of compensation, but also interest as well.