JAYAMMA Vs. EXECUTIVE ENGINEER PWD MADUGIRI

JUDGEMENT

(1.) This appeal under S. 30 of the Workmen's Compensation Act, 1923 (called shortly as 'the Act') is preferred against the order made in W.C.C. No.6/73-74 by the Commissioner for Workmen's Compensation, Madhugiri.

(2.) The facts leading to the appeal are these: Krishnappa,, the husband of the appellant was s cleaner in the lorry belonging ta the Public Works Department of Madhugiri Division On September 13, 1967, he unlortunately met with a fatal accident. The department did not pay or deposit the compensation due to the appellant under S. 4 of the Act. On September 24, 1969 the appellant, therefore, moved the concerned authority at Bangalore claiming the compensation payable to her. On October 15, 1969, the said application was forwarded to the Assistant Commissioner, Bangalore Sub-Dn. for consideration, who on October 28, 1969 sent the same to the Deputy Commissioner, Tumkur Dist. for disposal. On November 3, 1969 the Deputy Commissioner in turn transmitted the application to the Assistant Commissioner, Madhugiri.

(3.) That is not the end of it. The Assistant Commissioner, Madhugiri, was of the opinion that he had no jurisdiction to deal with the matter. So, he forwarded that application to his counter-part at Tumkur Sub-Division. The latter took it on file and issued a notice dated March 6, 1971 under S. 12 (1) of the Act, calling upon the respondent to deposit the compensation due to the appellant. The respondent instead of complying with the demand contended that there was no liability under the Act for him to deposit the compensation and he accordingly requested the Commissioner not to proceed with the case.