1 2025:CGHC:11752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 600 of 2025 • Santram Ogre, S/o Ratiram Ogre, Aged About 61 Years, R/o Village Deogaon, P.S. Masturi, District Bilaspur (C.G.), Present Address Khadapripara, Janjgir (Naila-Janjgir) (Mu.N.P.), Ward No. 19, Naila-Janjgir (Nagar Palika) Janjgir, District Janjgir-Champa (C.G.) (Non-Applicant). ... Appellant versus 1. Smt. Salindi, W/o Late Guharam Ratre, Aged About 59 Years, R/o Village Deogaon, P.S. Masturi, District Bilaspur (C.G.) (Applicant). 2. Prashant Ratre, S/o Late Guharam Ratre, Aged About 20 Years, R/o Village Deogaon, P.S. Masturi, District Bilaspur (C.G.) (Applicant). ... Respondents (Cause title taken from Case Information System) For Appellant : Mr. Ravindra Sharma, Advocate. For Respondents : None. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 10/03/2025 1. Heard on I.A. No.2/2025, application for exemption to deposit the compensation amount. 2. Counsel for the appellant submits that house under construction, wherein accident is alleged to have occurred was not owned by the appellant, rather younger brother of the appellant was the owner of said house. He further submits that since house under construction was demolished because of natural calamity (अतिवृቖኍ), therefore, compensation was also received by the younger brother of the appellant, but learned Labour Court without considering these facts has passed the impugned order, hence, I.A. DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 No.2/2025, application for exemption to deposit the compensation amount may be allowed. 3. As per proviso of Section 30 of the Workmen Compensation Act, 1923 (for short ‘the Act of 1923’) while filing appeal, it has to be accompanied by a certificate of the Commissioner to the effect that appellant has deposited with him, the amount payable under the order appealed, thus, depositing amount of compensation as per aforesaid proviso is mandatory. Hence, I do not feel inclined to allow the aforesaid application. Accordingly, I.A. No.2/2025 is rejected. 4. Since, aforesaid mandatory provision has not been complied with by the appellant, therefore, this appeal is also dismissed, however, liberty is left with the appellant to file fresh appeal by complying with the aforesaid proviso, if law permits. 5. Registry is directed to return the certified copy of the Annexure-A/2 & Annexure-A/3, after retaining photocopy of the same in the record. 6. Accordingly, instant appeal stands disposed of. 7. The pending interlocutory application(s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge