ORIENTAL INSURANCE COMPANY LIMITED Vs. KAMALAWWA

JUDGEMENT

(1.) THE deceased in MVC No. 226/96 is one Hamamanthappa is a loader in the lorry died while travelling in the lorry which root with the accident. Wife and son are the petitioner before the tribunal. The Tribunal has awarded compensation of Rs. 128200/- with interest at 6 (sic) from the date of the petition till payment by adopting the general principles of tort for assessing the compensation. The Tribunal directed the Insurer to pay the condensation. The insurer has disputed the status of the deceased as a loader in the lorry. During the pendency of the appeal both the petitioners died. Owner died during the pendency of the petition before the tribunal. Wife of the deceased died during the pendency of this appeal. The nearest relative of the first petitioner has com (c) on record as legal representatives to continue in appeal.

(2.) COUNSEL for the insurer strenuously argued that on the death of the wife-a sole dependent, the petition abates. The legal representatives are not the dependent within the definition of Section 2 of the W. C. Act, as such cannot continue the action.

(3.) THE argument is untenable. Immediately after the death, dependent is entitled to receive the compensation as per the schedule- (2) of the W. C. Act. The employer has a legal duty to deposit the condensation within one month from the date of the accident. The compensation so deposited would become estate of the dependent. Upon the death of the dependent, the legal heirs are entitled to succeed to such estate (deposited compensation) as per the personal law of succession. In that view, the appeal lacks merit and dismissed.