Reaffirmed compensation after remand permits disbursement of the balance already deposited.

The claimant sought compensation under the Employees’ Compensation Act, 1923.

In the first round, the Commissioner awarded ₹6,77,760, and the insurer appealed under Section 30; the High Court permitted the claimant to withdraw 50% of the amount deposited and stayed disbursement of the balance.

The insurer’s appeal was partly allowed, and the matter was remanded for fresh adjudication after the insurer was impleaded.

On remand, the Commissioner again awarded ₹6,77,760 but did not direct payment of the remaining 50%.

The claimant appealed against that non-disbursement.

Whether the Commissioner’s refusal to disburse the remaining 50% of the compensation already deposited by the insurer was legally sustainable after the insurer’s earlier appeal had been disposed of by remanding the matter and the compensation was again awarded to the claimant?

Section 30 of the Employees’ Compensation Act, 1923 requires deposit of the compensation awarded as a condition for an appeal by the employer or insurer.

Where an appellate order remands a matter and the Commissioner subsequently reaffirms the compensation award, the earlier interim restriction on disbursement does not bar payment of the deposited balance; the impugned order merges with the final appellate order, leaving no legal impediment to disbursement.

The Court identified no additional statutory provision or precedent as the basis of its decision.

The insurer had deposited the entire compensation awarded in the first round, and the High Court’s interim order had restricted only the withdrawal of half of that deposit pending the insurer’s appeal.

That appeal was partly allowed and the matter remanded; after rehearing, the Commissioner again awarded the same compensation.

The High Court held that the earlier order merged with the final order and therefore no longer prevented disbursement of the balance.

It answered the substantial question of law in the claimant’s favour.

The Commissioner was directed to pass an appropriate order for disbursement or investment of the remaining compensation deposited with it; the other conditions of the award remained unchanged.